accordingly. 22. Revocation 1/ The Ministry shall revoke a plant breeders' right if; a) it is proved that the variety was not new or that facts exist which, if known before the granting of the right, would have resulted in the refusal of the right; b) the holder has failed to pay the prescribed fee payable in respect of the plant breeders' right within 90 days after having been notified that the payment has fallen due; or c) the holder has failed to maintain the variety. 2/ Where the Ministry decides to revoke a plant breeders' right in accordance with SubArticle (1) of this Article, it shall give written notice of the revocation to the holder stating the grounds for the decision, and it shall give public notice of the revocation. 23. Application for Revocation Any person whose interest is affected by the granting of a plant breeders' right may apply to the Ministry for the revocation of the plant breeders' right in accordance with this Proclamation. The procedure in accordance with which an application for revocation of plant breeders' right may be examined and decided shall be specified by regulations. PART FOUR INFRINGEMENT OF PLANT BREEDERS' RIGHT 24. Act of Infringement Any act in respect of a protected variety for which the authorization of the holder is required and which is done without such authorization shall constitute an act of infringement of a plant breeders' right. 25. Legal Action 1/ A holder whose plant breeders' right has been infringed may institute an action in court to require the cessation of the act of infringement and claim compensation for damage. 2/ The court shall order the cessation of an act of infringement and the payment of compensation for the damage caused on the holder unless the defendant forthwith proves that the plant breeders' right alleged to have been infringed has to be revoked in accordance with the provisions of article 23(1) of this Proclamation. 26. Counter Claim 1/ A defendant in an action against infringement may institute a counter claim for the revocation of the plant breeders' right in question, if it is revocable in accordance with Article 23(1) of this Proclamation.