Industrial Property Law

The applicant for detention has ten working days, or three working days if the goods are perishable, from the date of notification of the detention by the customs authorities, to justify having initiated one of the contentious procedures provided for in paragraph 4 of Article L. 614-32 of the Intellectual Property Code. The ten-working-day time-limit is renewable once upon duly substantiated petit …

Conditions of implementation

The applicant for detention has ten working days, or three working days if the goods are perishable, from the date of notification of the detention by the customs authorities, to justify having initiated one of the contentious procedures provided for in paragraph 4 of Article L. 614-32 of the Intellectual Property Code. The ten-working-day time-limit is renewable once upon duly substantiated petition to the customs authorities. If the applicant fails to justify having initiated the procedure within the allotted time-limit, the customs detention measure is lifted ipso jure (Art. L. 614-32, para. 4, IP Code). The contentious procedure may consist of interim measures decided by the competent civil court, legal action under civil or criminal law, the filing of guarantees intended to compensate the holder of the goods in the event that the infringement is not subsequently recognized, or the filing of a complaint with the public prosecutor.

Costs incurred in connection with the detention or interim measures ordered by the competent civil court are to be borne by the claimant (Art. L. 614-32, para. 5, IP Code).

The claimant may, for the purposes of engaging legal action, obtain from the customs authorities the name and address of the sender, importer, consignee or holder of the goods detained, as well as images of the goods and information on their quantity, origin, provenance and destination, by derogation from the professional secrecy obligation of customs officers (Art. L. 614-32, para. 6, IP Code).

The goods may be inspected by the applicant during the detention period (Art. L. 614-35 IP Code).

Article L. 614-34, I sets out the rules for coordinating EU and national law mechanisms when customs detention is implemented at both European and national levels at different times. When EU withholding is initiated before an application has been filed or accepted under French law by the owner of the patent or a person entitled to exploit the patented invention, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform the owner or beneficiary of the exclusive right of exploitation of the implementation of this measure. They may also provide information on the quantity and nature of the goods. When European detention is initiated after an application by the owner of the patent or a person entitled to exploit the patented invention has been accepted, customs officers may also inform the owner or person entitled to exploit the patented invention of the information provided for in the regulation of 12 June 2013, necessary to determine whether there has been an infringement.

Industrial Property Law

424. Conditions of implementation

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Les notions juridiques connexes

424. Conditions of implementation

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

Les notions juridiques connexes

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