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Article L622-3 of the French Intellectual Property Code

The right to the deposit belongs to the creator or his successor in title. If a deposit has been made in violation of the rights of the creator or his successor in title, the injured party may claim the benefit thereof. The action for reclaiming the rights is barred after five years from the date of publication of the filing.

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Article L622-5 of the French Intellectual Property Code

Any third party is prohibited from: – reproducing the protected topography; – commercially exploiting or holding, transhipping, using, exporting or importing for that purpose any such reproduction or any semiconductor product incorporating it. This prohibition does not extend: – to reproduction for the purposes of evaluation, analysis or teaching; – to the creation, from such analysis or evaluation, of a distinct topography eligible for protection under this chapter. The above…

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Article L622-6 of the French Intellectual Property Code

The prohibition provided for in the preceding article shall take effect on the date of filing or the date of first commercial exploitation if earlier. It shall vest in the owner of the registration until the end of the tenth calendar year thereafter. However, any registration concerning a topography which has not been exploited within a period of fifteen years from the date on which it was first fixed or…

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Article L622-7 of the French Intellectual Property Code

The articles L. 411-4, L. 411-5, L. 612-11, L. 613-8, L. 613-9, L. 613-19, L. 615-2, L. 615-3, L. 615-5, L. 615-5-1-1, L. 615-5-2, L. 615-7, L. 615-7-1, L. 615-8, L. 615-8-1, L. 615-10 and L. 615-17 shall apply to the conditions and forms in which: -decisions of the Director of the National Institute of Industrial Property referred to in this Chapter are taken; -rights attached to the registration of…

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Article L623-1 of the French Intellectual Property Code

For the purposes of this chapter, a “variety” is a plant grouping of a botanical taxon of the lowest known rank which may be: 1° Defined by the expression of the characteristics resulting from a certain genotype or combination of genotypes; 2° Distinguished from any other plant grouping by the expression of at least one of the said characteristics; 3° Considered as an entity with regard to its ability to…

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Article L623-2 of the French Intellectual Property Code

For the purposes of this chapter, a new variety created which: 1° Is clearly distinguishable from any other variety whose existence, at the date of filing of the application, is a matter of common knowledge; 2° Is uniform, i.e. sufficiently uniform in its relevant characteristics, subject to the variation that may be expected having regard to the particular features of its sexual reproduction or vegetative propagation…; 3° Remains stable, i.e….

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Article L623-4 of the French Intellectual Property Code

I.-A plant variety may be the subject of a title known as a “plant variety certificate” which confers on its holder an exclusive right to produce, reproduce, package for the purposes of reproduction or multiplication, offer for sale, sell or market in any other form, export, import or hold for any of these purposes reproductive or multiplication material of the protected variety. II.-Where the products referred to in 1° and…

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