French Intellectual Property Code
In forceThe applicant must attach to the application for a plant variety certificate:
1° A declaration stating:
-that the variety for which protection is sought constitutes to his knowledge a new variety within the meaning of Article L. 623-1;
-that it has not been offered for sale or marketed in France or in the territory of the European Economic Area with the agreement of the breeder or his successor(s) for more than twelve months at the date of the application ;
that it has not been offered for sale or marketed with the agreement of the breeder in the territory of any other State for more than six years in the case of vines, forest trees, fruit trees and ornamental trees, including in each case their rootstocks, or for more than four years in the case of other genera or species ;
2° Where applicable, if the application relates to a variety whose commercial production requires the repeated use of a protected variety, the written authorisation of the holder of the plant variety certificate to use that protected variety ;
3° An undertaking to provide, at the request of the person in charge of the missions under the authority of the national plant variety authority, within the time limits he shall set, on pain of rejection of the application, the reproductive or vegetative propagating material of the variety intended to enable an examination of the said variety, including, where applicable, the various hereditary components necessary for the reproduction of the variety;
4° Where applicable, the power of attorney;
5° Proof of payment of the fees due at the time of filing of the application.
