Counterfeit seizure
Infringement seizure: definition and essential features
By Raphaël MORENON21 March 2025Every 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: the seizure of counterfeit goods. Although little known to the general public, this procedure is one of the most effective weapons in the legal arsenal for protecting intellectual property rights. What is an infringement seizure? Legal definition Seizure for infringement is an investigative measure carried out for evidentiary purposes, with the aim of obtaining proof of infringement. According to the Répertoire de procédure civile compiled by Xavier Daverat, it is a "protective measure that may be taken prior to or simultaneously with an infringement action" (CPI, art. L. 332-1, art. L. 615-5, art. L. 716-4-7). This procedure enables the rights holder to collect evidence of infringement through a bailiff authorised by court order. However, its implementation is subject to strict legal conditions....
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.Infringement seizure: procedure and request
Law of guarantees, securities and enforcement measures, Counterfeit seizureSeizure for infringement is a formidable weapon in the legal arsenal of intellectual property rights holders. This evidentiary procedure, which is not covered by ordinary law, makes it possible to obtain proof of an infringement even before bringing an action on the merits. Rules governing jurisdiction Exclusivity of the judicial court Only the president of the judicial court...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?
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