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 a plant variety certificate. In the latter case, the applicant must also prove that the conditions laid down in the said Article L. 623-26 are met.
If the application is submitted by the holder of an exclusive exploitation right or by the holder of a licence granted under Articles L. 623-17 or L. 623-20, the applicant must justify that the conditions of l’article L. 623-25 sont remplies.
The president may authorise the bailiff to make any useful observations with a view to establishing the origin, consistency and extent of the infringement.
In order to ensure the protection of business secrecy, the president may order ex officio the temporary sequestration of the seized items, under the conditions provided for in Article R. 153-1 of the Commercial Code.