Industrial Property Law

The application for seizure must be submitted in duplicate by the applicant to the competent civil court and must state the reasons on which it is based (Art. 494, para. 1, Code of Civil Procedure). It must indicate the exact documents relied upon. A copy of the application must be given to the person to whom it is directed prior to the execution of the investigative measures .
Seizure for infring …

Application for seizure of infringing goods

The application for seizure must be submitted in duplicate by the applicant to the competent civil court and must state the reasons on which it is based (Art. 494, para. 1, Code of Civil Procedure). It must indicate the exact documents relied upon. A copy of the application must be given to the person to whom it is directed prior to the execution of the investigative measures .

Seizure for infringement of a patent or supplementary protection certificate may only be carried out by the persons listed in Article L. 615-2 of the Intellectual Property Code, who can prove the existence of the title on which they are relying, that it is still in force at the date of presentation of the application  and, if they are not the proprietor, that they are entitled to claim its benefit . If the applicant for a seizure is relying on a patent application, he must produce an INPI certified copy of this application (Art. R. 615-2, para. 2, IP Code), which is no longer required once the patent has been published . The applicant is not required to reproduce the text of the claims of the patent in question. However, if he or she does so, the exact text must be cited . An inaccurate presentation affects the very object of the measures authorized by the order and, consequently, the validity of the seizure  even if the issued patent is appended . The owner of a patent is not required to inform the court of any previous seizures for infringement he may have had carried out .

If the competent court rejects the application, the applicant may lodge an appeal, unless the order is issued by the First President of the Court of Appeal. The time-limit for appeal is fifteen days. The appeal is lodged, investigated and judged in the same way as a non-contentious matter (Art. 496, para. 1, Code of Civil Procedure).

Cass. civ. 2e, 10 February 2011, LawLex202200003899JBJ.

Cass. com., 14 December 2010, LawLex202200001316JBJ.

Cass. com. 29 January 2008, LawLex202200001713JBJ.

Cass. com. 16 July 1991, LawLex202200003684JBJ.

CA Paris, 24 January 2017, LawLex202200010923JBJ.

CA Paris, 24 January 2017, LawLex202200010923JBJ, cited above.

Cass. com, 12 July 2005, LawLex202300004460JBJ.

Industrial Property Law

397. Application for seizure of infringing goods

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Les notions juridiques connexes

397. Application for seizure of infringing goods

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise