Industrial Property Law

The customs detention procedure allows the trademark proprietor to require the customs authorities to detain the allegedly counterfeit goods as part of their controls. This procedure is governed both at the European and national levels, since it is a matter of preventing the goods in question from entering the EU territory and, consequently, the national territory. The detention of goods by customs is governed by the provisions of Regulation No 608/2013 of 12 June 2013  and Articles L. 716-8 to L. 716-8-8 of the French Intellectual Property Code . The regulation, which aims to protect the EU's external borders, provides for the detention of goods coming from or going to a country outside the EU. It is reinforced by Articles L. 716-8-2, L. 716-8-3 and L. 716-8-6 to L. 716-8-8 of the Intellectual Property Code for the detention of goods moving freely within the EU, and by Articles L. 716-8, L. 716-8-1 and L. 716-8-3 to L. 716-8-7 of the same code for goods moving within the French territory.

Regulation (EU) No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003, OJEU L 181 of 29 June 2013, of direct application since 1 January 2014.

Articles introduced into the Intellectual Property Code by L. 91-7 of 4 January 1991 on trademarks and service marks, OJ No 0005 of 6 January 1991, supplemented by L. 94-102 of 5 February 1994, OJ No 0032 of 8 February 1994, L. 2003-706 of 1 August 2003, OJ No 177 of 2 August 2003, L. 2007-1544 of 29 October 2007, OJ No 252 of 30 October 2007 and L. 2014-315 of 11 March 2014, OJ No 0060 of 12 March 2014.

181. European and French regulations