By Raphaël MORENON
21 March 2025
Seizure of counterfeit goods is a particularly intrusive evidentiary procedure. It allows evidence of counterfeiting to be obtained, but its non-adversarial nature can lead to abuse. What remedies are available to challenge these measures? How can you respond effectively when you are subject to this procedure, particularly with the help of a solicitor who is an expert in enforcement procedures? Remedies against the application Appeal by the applicant The Code of Civil Procedure provides an initial remedy for dissatisfied applicants. According to Article 496, paragraph 1, «if the application is not granted, an appeal may be lodged». The time limit for appeal is fifteen days from the date on which the order is made. This procedure only applies to applicants whose initial application for seizure of counterfeit goods has been refused in whole or in part. The appeal is lodged, heard and judged in the same way as in non-contentious matters. Withdrawal at the initiative of the defendant For the defendant, the main avenue of appeal remains...
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