Section 1 : Issue of plant variety certificates

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Article L623-4-1

French Intellectual Property CodeIn force

Updated 8 Nov 2023

I.-The holder's right does not extend to:

1° Acts performed on a private basis for non-professional or non-commercial purposes;

2° Acts performed on an experimental basis;

3° Acts performed for the purpose of creating a new variety or acts referred to in I of Article L. 623-4 relating to that new variety, unless III and IV of that same Article are applicable.

II.-The proprietor's right does not extend to acts concerning his variety or a variety essentially derived from his variety, or a variety which is not clearly distinguishable from it, where material of that variety or material derived from it has been sold or marketed in any form whatsoever by the proprietor or with his consent.

However, the holder's right shall subsist where such acts:

1° Involve a new reproduction or multiplication of the variety in question;

2° Involve an export to a country which does not apply any intellectual property protection to varieties belonging to the same plant species of material of the variety enabling it to be reproduced, unless the exported material is intended, as such, for human or animal consumption.

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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