Subsection 2: Examination of applications for plant variety certificates.

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…

Within a period of two months from the date of the publication provided for in the preceding article, any person having an interest therein may submit observations to the person in charge of the tasks falling within the remit of the national plant variety authority. .

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.

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.

The observations submitted shall be notified to the applicant by the person in charge of the missions under the authority of the national plant variety authority, who shall set the time limit within which a response must be made.

The person in charge of the tasks falling within the remit of the national plant variety authority, duly referred to under the conditions provided for above, proceeds with the examination of the application for a plant variety certificate and, where appropriate, with the examination of the observations relating thereto. It determines the terms and conditions of the examination. By application of the provisions of Article L. 623-12, it may decide…

In the event that the proposed denomination is recognised by the person in charge of the tasks falling within the remit of the national plant variety authority as not complying with the provisions of articles R. 623-6 and R. 623-7 and of the orders made for the application of this section, or is the subject of observations recognised as valid by the person in charge of the tasks falling within…

Investigation is suspended at the written request of any person who provides proof that he has brought an action before the judicial court or, in the overseas territories, the court of first instance to claim ownership of the application for a plant variety certificate. However, tests decided by the person in charge of the missions under the national plant variety authority may be carried out. The investigation is resumed as…

Once the various investigative measures decided by the person in charge of the tasks falling within the remit of the national plant variety authority have been completed, a summary report summarising the results of the investigation is notified to the holder of the application, who has two months in which to submit his observations. During this period, he may inspect the entire examination file with the person in charge of…