French Intellectual Property Code
In forceThe certificate designates the variety by a denomination enabling it to be identified, without confusion or equivocation, in all the States party to the International Convention for the Protection of New Varieties of Plants.
The breeder is required to keep a vegetative collection of the protected variety at all times.
A description of the new variety is appended to the breeder's certificate.
The certificate is enforceable against third parties as soon as it is published.
The denomination shown on the certificate shall become compulsory from the time of its publication for any commercial transaction even after the expiry of the term of the certificate.
The denomination conferred on the said variety may not be the subject of a registration as a trademark or service mark in a State party to the International Convention for the Protection of New Varieties of Plants. Such registration may, however, be made as a precautionary measure, without prejudice to the issue of the plant variety certificate, provided that proof of renunciation of the effects of such registration in the States party to the Convention is produced prior to the issue of the said certificate.
The provisions of the above paragraph shall not preclude the addition to the denomination of the variety in question of a trademark or service mark for the same plant variety.
The provisions of the above paragraph shall not preclude the addition to the denomination of the variety in question of a trademark or service mark for the same plant variety.The provisions of the above paragraph shall not preclude the addition to the denomination of the variety in question of a trademark or service mark for the same plant variety.
