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Article 37
The holder of the new plant variety certification is entitled to institute civil proceedings.
The beneficiary of a compulsory authorization to exploit or any person entitled to appeal may
also institute such proceedings if the holder of the certificate does not do so, following formal
notice served by a notarial bailiff.
Article 38
Any beneficiary of an authorization to exploit a plant variety that is the subject matter of a
plant variety certificate may join the liability proceedings that the holder of the certificate
institutes in order to obtain damages for any prejudice he has personally suffered.
Article 39
The applicant or holder of a new plant variety certificate may request the territorially
competent court to permit him to seize all propagating elements and any other product resulting
from the use of those elements obtained in violation of his rights, after presentation of a detailed
description of such elements.
This right shall also apply to the beneficiaries of the exploitation right and the compulsory
authorization.
The request shall be made after producing a copy of the new plant variety certificate or a
copy of the application for the grant of a new plant variety certificate or of transfer of the rights
deriving therefrom.
Article 40
Where infringement has been established, the court shall order transfer of the ownership of
the plants, of their parts or of propagating elements obtained in infringement of the rights of the
holder of the new plant variety certificate to such holder and, where appropriate, confiscation of
the instruments used to that end.
TITLE IV
ESTABLISHMENT OF CRIMES AND SANCTIONS
CHAPTER I
ESTABLISHMENT
Article 41
Crimes relating to seed, seedlings and new plant varieties shall be established by reports
drawn up by judiciary police officers as provided in Article 10 of the Code of Penal Procedure,
by agents of the competent authority sworn in for that purpose and by economic control agents.
Article 42