French Intellectual Property Code
In forceI. - When the detention of goods suspected of infringing a plant variety certificate is implemented after a request mentioned in
Article L. 623-36has been accepted, goods suspected of infringing a plant variety certificate may be destroyed under the supervision of customs officers provided the following conditions are met:
1° The applicant has confirmed in writing and by means of a detailed expert report to the customs authorities, within ten working days, or three working days for perishable goods, from notification of the detention, the infringing nature of the goods;
2° The applicant has confirmed in writing to the customs authorities, within ten working days, or three working days for perishable goods, of notification of the detention, that he agrees to the destruction of the goods under his responsibility;
3° The holder of the goods has confirmed in writing to the customs authorities, within ten working days, or three working days for perishable goods, of notification of the detention, that he agrees to the destruction of the goods.
II. - Where the holder has not, within the period referred to in 3° of I, either confirmed that he consents to the destruction of the goods or informed the customs administration that he is opposed to their destruction, he shall be deemed to have consented to such destruction.
III - Where the holder of the goods has not confirmed in writing that he consents to their destruction and is not deemed to have consented to the destruction of the goods within the time limits laid down, the customs administration shall immediately inform the applicant who, within ten working days, or three working days in the case of perishable goods, from notification of the detention, shall take the measures referred to in the fourth paragraph of Article L. 623-36. The ten-day period may be extended by a maximum of ten working days at the duly substantiated request of the applicant. In the event of an extension, the public prosecutor and the holder of the goods are informed.
If the conditions set out in I of this article are not met and if the applicant has not provided proof to the customs authorities that he has taken the measures referred to in the fourth paragraph of article L. 623-36, the detention order is automatically lifted.
IV. - As part of the communication of information provided for in the third paragraph of articles L. 623-36 and L. 623-37, the customs authorities shall inform the applicant of the existence of the procedure provided for in this article. The information provided for in the sixth paragraph of Article L. 623-36 may also be communicated to the applicant for the purposes of implementing this measure.
