Industrial Property Law

The judgment ordering the detention of goods may be taken on application by the patent proprietor or licensees, including non-exclusive licensees (Art. L. 614-32, para. 1, IP Code). If accepted, the customs authorities immediately notify the applicant and the holder of the goods, and inform the public prosecutor. Notwithstanding the professional secrecy obligation of customs officers, the applicant is informed of the nature, actual or estimated quantity and images of the goods. This information may also be disclosed before the detention measure is implemented (Art. L. 614-32, paragraphs 2 and 3, IP Code).

In the absence of an application for detention, the customs authorities may, as part of enforcement operations, automatically detain goods likely to infringe a patent. They immediately notify the patent proprietor and the public prosecutor (Art. L. 614-33 IP Code). In derogation of the obligation of customs officers to maintain professional secrecy, the proprietor is informed of the nature, actual or estimated quantity and images of the goods. The notified party has four working days from notification of the detention to submit an application to the customs authorities for the goods to be detained. Failing this, the withholding order is lifted ipso jure (Art. L. 614-33, para. 4, IP Code). This procedure does not apply to perishable goods (Art. L. 614-33, para. 6, IP Code).

423. Application for detention