Subsection 7 : Applications for plant variety certificates relating to national defence

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Article R623-46

French Intellectual Property CodeIn force

Updated 7 Nov 2023

The requisition addressed to the Minister for Agriculture by the Minister for Defence for the purposes of extending the prohibitions on disclosure and free exploitation of a variety, which is the subject of the application for a certificate, must reach the person in charge of the missions falling within the remit of the national plant variety authority no later than fifteen days before the end of the five-month period provided for in l'article L. 623-9.

A requisition for the renewal of an extension must be received under the same conditions no later than fifteen days before the expiry of the current one-year period.

The extension of the prohibitions on disclosure and free exploitation is pronounced by order of the Minister responsible for agriculture and notified to the applicant before the end of the current prohibition period.

Special authorisations to carry out specific acts of exploitation may be granted under the conditions set out in the second and third paragraphs of article R. 623-45.

The Minister for Defence may notify the Minister for Agriculture at any time of the lifting of prohibitions extended pursuant to Article L. 623-10. This measure is the subject of an order by the Minister for Agriculture notified to the holder of the certificate application.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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