By Raphaël MORENON
21 March 2025
Seizure is only a preliminary stage in the fight against counterfeiting. This procedure, which makes it possible to gather evidence, must be followed by 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 The Intellectual Property Code imposes precise deadlines. Proceedings on the merits must be brought within «twenty working days or thirty-one calendar days, whichever is longer, from the day on which the seizure or description took place» (art. R. 332-2, R. 332-3, R. 332-4, R. 343-1, R. 521-4, R. 615-3, R. 716-4 and R. 722-4 of the IPC). This period has undergone several changes. Initially set at eight days, it was increased to fifteen days in 1969, then to the current time limits in 2008. Note this special feature: for plant breeders' rights...
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