French Intellectual Property Code
In forceWhere payment of an annual fee, accompanied, where applicable, by the late payment fee, has not been made within the time limits prescribed above, the person in charge of the tasks falling within the remit of the national plant variety authority shall record the lapse of the breeder's right.
This lapse is entered in the National Register of Plant Variety Certificates and published in the Official Bulletin of the national plant variety authority. It shall be substantiated and notified to the owner of the plant variety certificate on the date of entry in the National Register of Plant Variety Certificates. The interested party is advised that he has a period of six months from the expiry of the last deadline in which to submit an appeal to the person in charge of the tasks falling within the remit of the national plant variety authority with a view to having his rights restored, under the conditions laid down in Article L. 623-23.
To be valid, the appeal must be accompanied by proof of payment of the annual fee and a fee for registration of the appeal in the National Register of Plant Variety Certificates.
