propagating or plant propagating elements obtained in violation of the rights of the owner of a
plant breed certificate and, where applicable, that of instruments specifically intended for the
propagation cycle.
Due consideration shall be given to the value of the articles seized when calculating the
compensation allocated to the beneficiary of the sentencing.
68. The civil and criminal proceedings provided for by this Chapter shall be statutebarred three years after the events which gave rise thereto.
The introduction of civil proceedings shall suspend the prescription of criminal
proceedings.
69. Where a variety that is the subject of an application for a certificate or a plant breed
certificate is worked for the purpose of national defense by the State or its suppliers,
subcontractors and holders of subcontracted orders, without the grant of a license for use, the
court seized may not order either the cessation or interruption of working, or the seizure
provided for in Article 67 above.
Where an expert examination or a description, with or without seizure, is ordered by the
president of the court hearing the proceedings, the expert examination, description or seizure
must be postponed along with any research in the company if the contract for study or
propagation entails a defense or security classification.
The same shall apply if the studies or propagation are carried out in an army
establishment.
The president of the court hearing the proceedings may, if so requested by the successor
in title, order an expert examination which may only be carried out by the persons authorized
by the government authority responsible for national defense and before its representatives.
With this type of working, the authors shall incur as of right the responsibility defined
in this Article.
70. Where infringement proceedings are brought before the court, the president thereof,
ruling according to summary proceedings, may prohibit, provisionally and subject to a
coercive fine, the continuation of the alleged infringing acts, or make such continuation
subject to the provision of guarantees to ensure compensation of the owner of the plant breed
certificate or the beneficiary of an exclusive right of use.
The request for prohibition or for the provision of guarantees shall be entertained only
where the action appears to be well founded, and where it has been brought a short time after
the day on which the owner of the certificate or the beneficiary of an exclusive license for use
became aware of the circumstances on which it is based. The court may make the prohibition
subject to the provision by the plaintiff of guarantees to compensate the defendant for any
harm suffered where the infringement action is subsequently judged to be unfounded.
71. The production or business secrets of the interested parties shall be safeguarded.
The opposing party shall only be given knowledge of evidence capable of revealing
such secrets insofar as this is compatible with the safeguarding of such secrets.
72. In civil cases, disputes between the parties in respect of the application of this Law
shall fall within the jurisdiction of the courts of first instance located in the county seat of the
circuit of the appeal courts.
The competent courts of first instance and the jurisdiction in which these courts exercise
the powers so entrusted to them shall be fixed by regulation.