Section 1 : Issue of plant variety certificates

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…

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….

Any plant variety meeting the conditions of article L. 623-2 is defined by a name to which a description and a sample copy kept in a collection correspond.

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…

I.-The holder’s right does not extend to: 1° Acts performed on a private basis for non-professional or non-commercial purposes; 2° Acts performed on an experimental basis; 3° Acts performed for the purpose of creating a new variety or acts referred to in I of Article L. 623-4 relating to that new variety, unless III and IV of that same Article are applicable. II.-The proprietor’s right does not extend to acts…

I. – Where reproductive or vegetative propagating material or a harvested product has been sold or made available to third parties in any form whatsoever by the breeder or with his consent, for the purposes of exploitation of the variety, for more than twelve months on French territory or on the territory of the European Economic Area, the variety shall not be deemed to be new. Where such sale by…

A plant variety certificate may be applied for by any person who is a national of a State party to the International Convention for the Protection of New Varieties of Plants and by any person who is a national of a Member State of the European Community or who has his domicile, registered office or place of business in one of those States. The person applying for a plant variety…

The certificate issued by the body mentioned in Article L. 412-1 takes effect on the date of the application. Reasons must be given for any decision rejecting an application.

The Minister responsible for defence is authorised to take cognisance of certificate applications from the body referred to in Article L. 412-1, on a confidential basis.

The list of plant species whose new varieties which are the subject of certificate applications may not be disclosed and freely exploited without special authorisation shall be laid down by regulation. Subject to article L. 623-10, this authorisation may be granted at any time. It is acquired ipso jure at the end of a period of five months from the day on which the application for a certificate is lodged.