Applications for plant variety certificates, acts granting the certificate and any acts transmitting or modifying the rights attached to an application for a certificate or to a certificate may only be relied on as against third parties if they have been duly published under conditions laid down by decree in the Conseil d’Etat.
The certificate designates the variety by a denomination enabling it to be identified, without confusion or equivocation, in all the States party to the International Convention for the Protection of New Varieties of Plants. The breeder is required to keep a vegetative collection of the protected variety at all times. A description of the new variety is appended to the breeder’s certificate. The certificate is enforceable against third parties as…
Preliminary examination, issue of the certificate and all acts of registration or deletion give rise to the payment of fees for services rendered. A fee is paid annually throughout the period of validity of the certificate. The scale of these fees is set by regulation. The proceeds of these fees are transferred as revenue to the public interest group mentioned in Article L. 412-1.
A variety essential to human or animal life may be made subject to the ex officio licence system by decree in the Conseil d’Etat or, where it is of interest to public health, by joint order of the Minister for Agriculture and the Minister for Public Health.
From the day of publication of the decree which makes plant breeders’ certificates subject to the ex officio licence system, any person presenting technical and professional guarantees may apply to the Minister of Agriculture for the grant of an exploitation licence. This licence can only be non-exclusive. It is granted by order of the Minister of Agriculture on specified conditions, particularly as regards its duration and scope, but excluding the…
If the holder of an ex-officio licence does not meet the required conditions, the Minister for Agriculture may, after obtaining the opinion of the body referred to in Article L. 412-1, revoke it.
The State may obtain ex officio, at any time, for the needs of national defence, a licence to exploit a plant variety which is the subject of an application for a certificate or a breeder’s certificate, whether such exploitation is carried out by itself or on its behalf. The ex officio licence is granted, at the request of the minister responsible for defence, by order of the minister for agriculture….
The rights attached to an ex-officio licence may not be assigned or transferred.
The State may, at any time, by decree, expropriate in whole or in part for the needs of national defence plant varieties, the subject of applications for certificates or certificates. Failing amicable agreement, the expropriation compensation shall be fixed by the judicial court.
Where the holder of a patent for a biotechnological invention cannot exploit the invention without infringing a prior plant variety right, he may apply for a licence to exploit the variety protected by the variety right, provided that the invention constitutes, in relation to the plant variety, a significant technical advance and is of considerable economic interest. The applicant must prove that he has not been able to obtain a…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
