Chapter III: Plant varieties

Any notification shall be deemed to be in order if it is made to the last owner of the application for a plant variety certificate, or of the plant variety certificate as it appears in the Register of Applications for Plant Variety Certificates or in the National Register of Plant Variety Certificates. If the owner is domiciled abroad, notification shall be made to the last agent and to the last…

All time limits set by this section are clear. The day of the act or decision which causes it to run, on the one hand, and the last day, on the other, shall not be counted. Any time limit which would normally expire on a Saturday, Sunday or public holiday shall be extended until the first working day thereafter.

The period provided for in the last paragraph of Article L. 623-27 and given to the claimant to take civil or criminal action on the merits, or to lodge a complaint with the public prosecutor, is twenty working days or thirty-one calendar days, whichever is longer, from the date of the order. .

The seizure, whether descriptive or real, provided for in Article L. 623-27-1 is ordered by the president of one of the judicial courts mentioned in Article D. 631-1, within whose jurisdiction the operations must be carried out. The order shall be issued on simple request and on presentation of the plant variety certificate, or in the case provided for in Article L. 623-26, a certified copy of the application for…

Where the judge has made the seizure subject to the provision of guarantees by the claimant, these must be provided before the seizure is carried out. On pain of nullity and damages against the bailiff, the latter must, before proceeding with the seizure, give copies to the holders of the objects seized or described of the order and, where applicable, of the deed recording the provision of guarantees. A copy…

When seizure in rem is ordered, the judge may require the applicant to provide security, which must be deposited before the seizure is carried out. On pain of nullity and damages against the bailiff, the latter must, before proceeding with the seizure, give the holders of plants, parts of plants or elements of reproduction or vegetative propagation of the variety in question a copy of the order and, where applicable,…

The period provided for in the last paragraph of Article L. 623-27-1 and given to the applicant to appeal on the merits is twenty working days or thirty-one calendar days, whichever is longer, from the day on which the seizure or description took place.

The president of the judicial court may order, in the light of the seizure report, any measure to complete the proof of the alleged acts of infringement.

Decrees of the Minister responsible for agriculture issued after consultation with the person in charge of the tasks falling within the remit of the national plant variety authority will specify, as necessary, the conditions of application of this section. .