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Article R623-36 of the French Intellectual Property Code

Renunciation of a plant variety certificate is made by means of a written declaration. It is formulated to the person in charge of the missions of the national plant variety authority by the owner of the certificate or by a representative with a special power of attorney. If the certificate belongs to several persons, renunciation may only be made if it is requested by all of them. If the real,…

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Article R623-37 of the French Intellectual Property Code

A breeder whose rights may be forfeited pursuant to 1° and 2° of the first paragraph of Article L. 623-23 shall be given formal notice to put an end to this situation by means of a notification sent to him/her by the person in charge of the tasks falling within the remit of the national plant variety authority. If, on expiry of a period of two months from receipt of…

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Article R623-39 of the French Intellectual Property Code

Applications for plant variety certificates are entered in the register of applications in chronological order, immediately after the application is filed. For each application, the entry includes in particular: the provisional registration number; the filing date; an indication of the genus or species to which the variety belongs; the name and address of the breeder and, where applicable, of his agent or successor in title where the breeder is not…

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Article R623-40 of the French Intellectual Property Code

The registration of plant variety certificates in the National Register of Plant Variety Certificates takes place in the order of their issue. The registration includes: the serial number under which the certificate was issued; the genus or species to which the variety belongs; the denomination and, where appropriate, any other denomination under which it is already designated by other members of the International Union for the Protection of New Varieties…

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Article R623-40-1 of the French Intellectual Property Code

The mention of essentially derived varieties within the meaning of IV of article L. 623-4, whether or not covered by a plant variety certificate, identified by their variety denomination, may be registered in addition to the compulsory information relating to the plant variety certificate for a protected initial variety. It may also be entered in addition to the compulsory particulars relating to the certificate of an essentially derived variety. This…

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Article R623-41 of the French Intellectual Property Code

The registration of additional particulars for judicial decisions is made at the request of the clerk of the court that handed down the decision, and for other particulars at the request of any interested party, upon production of one of the originals of the deed if it is a private document, or an expedition if it is authentic or a document justifying the transfer in the case of a transfer…

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Article R623-43 of the French Intellectual Property Code

Delegates of the Minister of Defence, specially authorised for this purpose and whose names and capacities have been brought to the attention of the Minister responsible for agriculture by the Minister of Defence, take cognisance, on the premises of the national plant variety authority, of applications for plant variety certificates filed. These are presented, within a period of fifteen days from the date of their receipt, by the head of…

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Article R623-44 of the French Intellectual Property Code

With regard to applications for plant variety certificates for varieties belonging to species included in the list established by order made pursuant to article L. 623-9, the procedures provided for by articles R. 623-16 to R. 623-30 may not be initiated during the period of the prohibitions prescribed by the said article, unless the special authorisation provided for by article L. 623-9 is obtained. Nor may they be initiated during…

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