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Article R623-31 of the French Intellectual Property Code

The annual fee provided for in the second paragraph of Article L. 623-16 is payable for the first time on the date of issue of the plant variety certificate. It must be paid within two months of the notification made by the national plant variety authority to the owner of the plant variety certificate. For subsequent years, it expires on the last day of the month of the anniversary date…

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Article R623-32 of the French Intellectual Property Code

Where payment of an annual fee is not made by the normal due date, a warning shall be sent to the holder of the plant variety certificate indicating that he shall incur the forfeiture of his rights if this payment, together with that of the late fee, is not made before the expiry of the period provided for in the third paragraph of article R. 623-31. The absence of a…

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Article R623-33 of the French Intellectual Property Code

Where payment of an annual fee, accompanied, where applicable, by the late payment fee, has not been made within the time limits prescribed above, the person in charge of the tasks falling within the remit of the national plant variety authority shall record the lapse of the breeder’s right. This lapse is entered in the National Register of Plant Variety Certificates and published in the Official Bulletin of the national…

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Article R623-34 of the French Intellectual Property Code

The person in charge of the tasks falling within the remit of the national plant variety authority shall take a decision within two months. If the appeal is rejected, the amount of the last annual fee shall be refunded. The decision of the person in charge of the tasks falling within the remit of the national plant variety authority shall be notified to the owner of the plant variety certificate;…

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Article R623-35 of the French Intellectual Property Code

If the owner of the plant variety certificate has lodged an appeal with the Paris Court of Appeal against the decision of the person in charge of the tasks falling within the remit of the national plant variety authority taken pursuant to Article L. 623-23, mention of the lodging of the appeal is automatically entered in the National Register of Plant Variety Certificates and the effects of the lapse are…

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Article R623-36 of the French Intellectual Property Code

Renunciation of a plant variety certificate is made by means of a written declaration. It is formulated to the person in charge of the missions of the national plant variety authority by the owner of the certificate or by a representative with a special power of attorney. If the certificate belongs to several persons, renunciation may only be made if it is requested by all of them. If the real,…

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Article R623-37 of the French Intellectual Property Code

A breeder whose rights may be forfeited pursuant to 1° and 2° of the first paragraph of Article L. 623-23 shall be given formal notice to put an end to this situation by means of a notification sent to him/her by the person in charge of the tasks falling within the remit of the national plant variety authority. If, on expiry of a period of two months from receipt of…

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Article R623-39 of the French Intellectual Property Code

Applications for plant variety certificates are entered in the register of applications in chronological order, immediately after the application is filed. For each application, the entry includes in particular: the provisional registration number; the filing date; an indication of the genus or species to which the variety belongs; the name and address of the breeder and, where applicable, of his agent or successor in title where the breeder is not…

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Article R623-40 of the French Intellectual Property Code

The registration of plant variety certificates in the National Register of Plant Variety Certificates takes place in the order of their issue. The registration includes: the serial number under which the certificate was issued; the genus or species to which the variety belongs; the denomination and, where appropriate, any other denomination under which it is already designated by other members of the International Union for the Protection of New Varieties…

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