Article 62
Any violation of the rights of the owner of a plant variety certificate as set out in
Article 16 of this Law shall constitute an infringement implying the civil liability of the
person committing the violation.
The holder of a compulsory or ex officio license as referred to in Articles 21, 26 or 28 of
this Law and, unless otherwise agreed, the holder of an exclusive right of exploitation may
institute the liability proceedings referred to in the first paragraph above if, after notification,
the owner of the certificate has not instituted such proceedings.
The holder of a certificate shall be entitled to take part in proceedings instituted by a
licensee under the preceding paragraph.
Any holder of a license shall be entitled to take part in proceedings instituted by the
holder of the certificate in order to obtain damages for any prejudice he has personally
suffered.
Article 63
Acts committed prior to publication of the issue of the certificate shall not be held to
violate the rights deriving from a certificate. However, acts committed after a true copy of
the application for a certificate has been notified to a person presumed liable may be
ascertained and prosecuted.
Article 64
The holder of an application for a plant variety certificate or of a certificate shall be
entitled, with a court authorization, to proceed with a detailed description, with or without
seizure, of any plants or parts of plants or of any elements of reproduction or vegetative
propagation alleged to have been obtained in violation of his rights. This right shall also be
available to the assignee of an exclusive right of exploitation or the holder of an ex officio
license, subject to the conditions set out in the second paragraph of Article 62 above.
Where the claimant fails to petition the court within a period of 15 days as from the day
on which the seizure or the description takes place, the description or seizure shall be
automatically null and void, without prejudice to any damages which may be claimed.
Article 65
Detailed description, with or without seizure of the plants, part of plants or elements of
reproduction or vegetative propagation of the variety that is alleged to be counterfeited, under
Article 64 above, shall be ordered by the presiding judge of the court within whose
jurisdiction the operations are to be carried out.
The order shall be given on a simple request and on presentation of either the plant
variety certificate or, in the case referred to in Article 63 of this Law, of an authentic copy of
the application for a plant variety certificate.