Section 2a: Farm-saved seed

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Article R623-59

French Intellectual Property CodeIn force

Updated 7 Nov 2023

I.-Species, other than those listed in Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights, for which farmers have the right, pursuant to Article

L. 623-24-1

, to use on their own holdings, without the breeder's authorisation, for propagating purposes, the product of the harvest which they have obtained by planting a protected variety, are:

1° Fodder plants:

a) Trifolium pratense - Red clover;

b) Trifolium incarnatum - Red clover;

c) Lolium multiflorum - Italian ryegrass;

d) Lolium hybridum - Hybrid ryegrass;

e) Lathyrus spp. - Gesses;

2° Oleaginous plants:

Glycine max - Soya;

3° Plants for use as nitrate trap intermediate crops:

a) Sinapis alba - White mustard;

b) Avena strigosa - Rough oat;

4° Protein plants:

a) Pisum sativum - Protein peas;

b) Lupinus albus - White lupin;

c) Lupinus angustifolius - Blue lupin;

5° Vegetable plants:

a) Lens culinaris - Lentil;

b) Phaseolus vulgaris - Bean.

II.-With the exception of small farmers within the meaning of Article L. 623-24-2, the entry into force of I is subject to the conclusion of the contracts or agreements referred to in Article L. 623-24-3 or, failing that, the entry into force of the implementing decree mentioned in the same article determining the procedures for setting the amount of compensation provided for in Article L. 623-24-2.

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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