page 10 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