By Raphaël MORENON
21 March 2025
What 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. It requires a thorough understanding of the conditions under which it can be used, which may require the expertise of a lawyer specialising in enforcement procedures. As the preferred investigative tool in intellectual property disputes, it offers right holders the opportunity to establish proof of infringement. 1. The basis of the seizure action For a fundamental understanding of this procedure, it is essential to know its basis. Infringement proceedings are based on the right to evidence. The president of the court hearing the case may not refuse to issue an order authorising the procedure, provided that the application is for a description of the items suspected of being counterfeit. A genuine right to evidence The seizure of counterfeit goods is based on the right to evidence. The president of the court...
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