French Intellectual Property Code

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. .