Section 3: Legal proceedings

Subject to the provisions of Article L. 623-24-1, any wilful infringement of the rights of the holder of a plant variety certificate as defined in Article L. 623-4 constitutes an infringement for which its author is civilly liable. Within the meaning of this article, incorrect or abusive uses of the denomination of the variety which is the subject of a plant variety certificate are also considered to be an infringement…

Events occurring prior to the publication of the issue of the certificate shall not be deemed to have infringed the rights attached to the certificate. However, acts committed after notification of a certified copy of the application for a certificate to the alleged person responsible may be recorded and prosecuted.

Any person having standing to bring an infringement action may apply to the competent civil court for summary proceedings in order to obtain an order, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, for any measure intended to prevent imminent infringement of the rights conferred by the title or to prevent the continuation of acts alleged to be infringing. The competent…

Infringement may be proven by any means. To this end, any person having standing to bring an infringement action is entitled to have carried out in any place and by any bailiffs, where appropriate assisted by experts appointed by the plaintiff, pursuant to an order made on request by the competent civil court, either the detailed description, with or without taking samples, or the actual seizure of the allegedly infringing…

The court may order, of its own motion or at the request of any person with standing to bring an infringement action, all legally permissible investigative measures even if a seizure for infringement has not previously been ordered under the conditions set out in l’article L. 623-27-1.

If so requested, the court hearing the case on the merits or in summary proceedings under this Title may order, if necessary under a fine, in order to determine the origin and distribution networks of the allegedly infringing products that infringe the rights of the plaintiff, the production of any documents or information held by the defendant or by any person who has been found in possession of allegedly infringing…

In setting the damages, the court shall take into account separately: 1° The negative economic consequences of the infringement, including the loss of profit and loss suffered by the injured party; 2° The non-material damage caused to the injured party; 3° And the profits made by the infringer, including the savings on intellectual, material and promotional investments that the infringer has made as a result of the infringement. However, the…

In the event of a civil conviction for infringement, the court may order, at the request of the injured party, that the products recognised as infringing products and the materials and implements used principally in their creation or manufacture be recalled from commercial channels, permanently removed from such channels, destroyed or confiscated for the benefit of the injured party. The court may also order any appropriate measure to publicise the…

The civil actions provided for in this chapter, with the exception of that provided for in Article L. 623-23-1, shall be barred after five years from the date on which the holder of a right knew or should have known of the last fact enabling him to exercise it.

There is no limitation period for an action for nullity of a plant variety certificate.