Subsection 1: Filing of applications for plant variety certificates.

Articles in this section · 15

R623-1R623-2R623-3R623-4R623-5R623-6R623-7R623-8R623-9R623-10R623-11R623-12R623-13R623-14R623-15

Article R623-6

French Intellectual Property CodeIn force
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Updated 7 Nov 2023

Subject to the provisions of article R. 623-7, in order to be registered, the denomination must enable the variety to be identified from any other variety and avoid any risk of confusion with any other variety of the same botanical species or of a closely related species, in France or in States party to the International Convention for the Protection of New Varieties of Plants. It must not be likely to mislead or cause confusion as to the origin, provenance, characteristics or value of the variety or the person of the breeder. It must not be contrary to morality or public policy.

In the event that this denomination has been the subject of a trademark registration by the breeder, his successor(s) in title, within the meaning of the legislation on trademarks or service marks as set out in Book VII of this Code, in France or with one of the parties to the aforementioned convention for identical or similar products, or is likely to create confusion with another trademark which he enjoys, the breeder must enter into an undertaking for himself and, where applicable, all his successors in title to renounce definitively, from the date of issue of the plant variety certificate, the benefit of the enjoyment of the said trademark in France and with the members of the International Union for the Protection of New Varieties of Plants in which his variety may be protected by legislation adopted in application of the aforementioned convention.

Trademarks or service marks that have been internationally registered and extended to France shall be treated in the same way as trademarks registered under Book VII of this Code, in accordance with the Madrid Agreement of 14 April 1891 concerning the international registration of trademarks or service marks or European Union trade marks registered in accordance with Chapter IV of Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark and which enjoy protection in territories where plant variety protection legislation is applicable.

This waiver is without prejudice to the validity of the trademark application itself.

Mariela Petrova

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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