Except in the case of small farmers within the meaning of Council Regulation (EC) No 2100/94 of 27 July 1994 referred to above, the farmer shall pay compensation to the holders of the plant variety certificates whose varieties he uses. .
Where there is no contract between the plant variety certificate holder and the farmer concerned or between one or more plant variety certificate holders and a group of farmers concerned, or no inter-branch agreement concluded under the conditions laid down in Chapter II of Title III of Book VI of the Rural and Maritime Fishing Code, the conditions for applying the derogation defined in l’article L. 623-24-1of this code, including…
When farmers use service providers to sort their seeds, these sorting operations must be carried out under conditions that guarantee the traceability of products from varieties covered by plant variety certificates. If these conditions are not complied with, the seed is deemed to have been marketed and is considered to be an infringement within the meaning of article L. 623-25.
Failure by farmers to comply with the conditions for application of the derogation defined in article L. 623-24-1 shall cause them to lose the benefit of the provisions of this section.
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…
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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