Counterfeit seizure
Infringement seizure: procedure and request
By Raphaël MORENON21 March 2025Seizure for infringement is a formidable weapon in the legal arsenal of intellectual property rights holders. This evidentiary procedure, which is an exception to ordinary law, makes it possible to obtain proof of infringement even before bringing an action on the merits. Jurisdictional rules The exclusive jurisdiction of the judicial court Only the president of the judicial court is competent to authorise a seizure for counterfeiting. The Commercial Chamber of the Court of Cassation made this clear in its ruling of 14 September 2010: no other court can order such a measure. Neither the commercial court (TGI Lyon, 20 March 1995), nor the pre-trial judge (Civ. 1re, 5 February 2014, no. 12-25.492), nor the enforcement judge have this jurisdiction. This exclusivity is explained by the evidentiary rather than conservatory nature of the proceedings. Territorial specialisation The 2009 reform radically altered the judicial map in intellectual property matters. For...
Executing a counterfeit seizure: mastering this specific evidentiary procedure
Law of guarantees, securities and enforcement measures, Counterfeit seizureInfringement seizures are a unique evidentiary procedure under French law. If it is to remain valid, its execution requires particular attention, and the support of a lawyer with expertise in enforcement procedures can prove decisive. Between strict compliance with the terms of the order and procedural rules, every step counts. The parties involved in the procedure...Follow-up to the infringement seizure and action on the merits
Law of guarantees, securities and enforcement measures, Counterfeit seizureSeizure is only a preliminary stage in the fight against counterfeiting. This procedure, which enables evidence to be collected, must imperatively be followed by an action on the merits. The legislator has strictly circumscribed this obligation in order to avoid any abuse. The obligation to bring an action on the merits Strict deadlines for...How to contest an infringement seizure: effective remedies
Law of guarantees, securities and enforcement measures, Counterfeit seizureCounterfeit seizure is a particularly intrusive evidentiary procedure. It makes it possible to obtain proof of infringement, but its non-adversarial nature can lead to abuse. What remedies are available to challenge these measures? How can you react effectively when you are the target of this procedure, particularly with the help of a lawyer who is an expert in enforcement procedures?Infringement seizure: definition and essential features
Law of guarantees, securities and enforcement measures, Counterfeit seizureEvery year, counterfeiting costs the French economy between 6 and 8 billion euros. To combat this scourge, intellectual property rights holders have a powerful procedural tool at their disposal: seizure for counterfeiting. Although little known to the general public, this procedure is one of the most effective weapons in the legal arsenal for protecting intellectual property...The conditions for carrying out an infringement seizure
Law of guarantees, securities and enforcement measures, Counterfeit seizureWhat is this procedure for entering a competitor's premises to search for evidence of counterfeiting? Counterfeit seizure is a powerful and sometimes little-known procedural tool. To use it, you need to have a perfect grasp of the conditions, which may require the expertise of a lawyer specialising in infringement proceedings.
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