Where a variety which is the subject of an application for a certificate or a plant variety certificate is exploited for the needs of national defence by the State or its suppliers, subcontractors and subcontractors, without an exploitation licence having been granted to them, the court seised may not order either the cessation or interruption of exploitation, or the confiscation provided for in Article L. 623-28-1.
If an expert appraisal or description, with or without actual seizure, is ordered by the president of the court seized, the public officer appointed must postpone the seizure, description and any search of the business if the design or reproduction or multiplication contract includes a defence security classification.
The same applies if the studies, reproduction or multiplication are carried out in an armed forces establishment.
The president of the court seised may, if so requested by the entitled party, order an expert appraisal, which may only be carried out by persons approved by the minister responsible for defence and before his representatives.
The provisions of Article L. 623-26 are not applicable to applications for plant variety certificates exploited under the conditions defined in this article as long as these applications are subject to the prohibitions laid down by the articles L. 623-9 and L. 623-10.
Such exploitation automatically incurs the liability defined in this article for its authors.