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Article R623-10 of the French Intellectual Property Code

The documents whose production is provided for in articles R. 623-4 to R. 623-6 as well as in articles R. 623-15, R. 623-17 and R. 623-36 must be written in the French language. The person in charge of missions under the authority of the national plant variety authority may require that any other document to be sent to him be drawn up in French or accompanied by a translation. .

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Article R623-11 of the French Intellectual Property Code

The benefit of the filing date of the certificate application is acquired if at least the documents referred to in Article R. 623-5, even if these documents are not regular in form. If the filing does not include the aforementioned documents, the application is declared inadmissible and returned to the applicant; any fees paid are refunded. In the event of formal irregularities, these must be rectified within two months of…

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Article R623-12 of the French Intellectual Property Code

As an exception to the provisions of Article R. 623-4, a provisional reference may be given instead of a denomination to designate the variety which is the subject of the application at the time of filing. In this case, the denomination must be proposed, failing which the application will be inadmissible, within two months of the notification sent to the holder of the application by the person in charge of…

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Article R623-13 of the French Intellectual Property Code

A copy of the application for a plant variety certificate is given to the applicant at the time of filing, bearing a visa certifying the day and time of filing of the application and including a registration number. Where the filing is made by post or teletransmission, the copy of the application intended for the applicant may be sent to him by the same means. The date and time of…

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Article R623-14 of the French Intellectual Property Code

The application is entered in the Register of applications for plant variety certificates provided for in Article R. 623-38 in the order of filing under the number that has been indicated to the applicant. This is the number which must appear on all the notifications provided for in this section until the plant variety certificate is issued.

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Article R623-15 of the French Intellectual Property Code

Until the plant variety certificate is issued, the applicant may request the rectification of material errors found in the documents filed. The request must be made in writing and include the text of the amendments proposed by the applicant. It is entered in the Register of applications for plant variety certificates and is only admissible if it is accompanied by proof of payment of the fee due.

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Article R623-16 of the French Intellectual Property Code

Subject to the provisions of article R. 623-44, any application for a plant variety certificate duly filed shall be published in an official bulletin to be issued by the national plant variety authority. The purpose of this publication is, in particular, to bring the plant variety certificate application to the attention of any person having an interest therein. The publication shall mention the filing date, the name and address of…

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Article R623-18 of the French Intellectual Property Code

Challenges relating to the validity of the breeder’s right over the variety for which a plant variety certificate is applied for are brought directly before the judicial courts and, in the overseas territories, the courts of first instance. They are entered in the register.

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Article R623-19 of the French Intellectual Property Code

Where the denomination of the variety proposed by the breeder or his successor in title did not appear in the initial application or where the breeder proposes, at the request of the person in charge of the tasks falling within the remit of the national plant variety authority, a new denomination, this denomination shall be published in the Official Bulletin of the national plant variety authority.

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