By Raphaël MORENON
21 March 2025
The seizure of counterfeit goods is a unique evidentiary procedure under French law. If it is to remain valid, its enforcement 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 The central role of the bailiff The bailiff plays a decisive role in enforcing the seizure of counterfeit goods. Only the bailiff can act, by virtue of the order authorising the seizure. There are no exceptions to this rule, as the Court of Cassation pointed out in a ruling of 3 March 2009 (Com. 3 March 2009, no. 08-11.236). The bailiff must be clearly identified in the seizure report. According to the Paris High Court (30 January 1998), a simple legible signature is sufficient. However, if only the professional partnership is indicated without mentioning the bailiff, the seizure report is null and void (Civ. 1re, 31 October 2012). Its...
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