SICASOV can bring infringement proceedings in order to defend the rights and interests of breeders via a PVC, which is just another means of protection of intellectual property.
It should be noted that a counterfeited plant is not the imitation of a variety but the production of the real variety without the financial compensation.
In the case of infringement of plant variety protection, the only competent court is the Tribunal de Grande Instance de Paris, specialized in Intellectual Property.
Seizures of counterfeit seed, which must be accepted by the court, allow a bailiff accompanied by experts to visit the alleged offender to collect evidence of the infringement. The possibilities of investigation are quite extensive and the bailiff, according to his sole decision, can be accompanied by the police.
The court calculates compensation taking into account not only the negative economic consequences suffered by the injured party, including loss of profit, but also the profits made by the offender and the moral prejudice caused to the rights holder as a result of the harm done to his image.
The economic chain using counterfeit material and their buyers are also fraudulent.
In the vast majority of cases, SICASOV concludes amicable agreements, the penalties for which are adjusted according to the extent of the infringements noted and the promptness of regularisations.