Chapter Ia: Withholding

Articles in this section · 9

L521-14L521-15L521-16L521-17L521-17-1L521-17-2L521-17-3L521-18L521-19

Article L521-17-2

French Intellectual Property CodeIn force
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Updated 8 Nov 2023

I. - When goods suspected of infringing a registered design are detained after an application referred to in Article L. 521-14 has been accepted, goods transported in small consignments may be destroyed under the supervision of customs officers where the applicant has, in his application, requested the use of the procedure provided for in this article.


II. - The notification referred to in the first sentence of the second paragraph of Article L. 521-14 shall be made within one working day of the date of detention. It shall state whether or not the customs administration intends to destroy the goods and indicate that:


1° The holder of the goods has ten working days from notification of the detention to inform the customs administration of his observations;


2° The goods concerned may be destroyed if, within ten working days of their detention, the holder of the goods has confirmed to the customs administration that he consents to their destruction. If there is no response from the holder of the goods at the end of this period, the holder is deemed to have consented to their destruction.


The customs authorities shall provide the applicant, at his request, with information relating to the actual or estimated quantity of goods destroyed and their nature.


III. - Where the holder of the goods has not confirmed in writing that he consents to their destruction or where he is not deemed to have consented to their destruction, the Customs administration shall immediately inform the applicant and provide him with the quantity, nature and images of the goods.


IV. - The detention order shall be lifted automatically if the applicant fails, within ten working days of the information provided for in III of this article, to provide the customs authorities with proof that he or she has taken the measures referred to in the fourth paragraph of article L. 521-14.


With a view to taking these measures, the applicant may obtain from the customs administration the names and addresses of the consignor, importer, consignee and holder of the goods detained, as well as their quantity, origin, provenance and destination, by way of derogation from the Article 59 bis of the Customs Code.


V. - The definition of the small consignments mentioned in I of this article is specified by order of the minister responsible for customs.


VI. - This article does not apply to perishable foodstuffs.


Mariela Petrova

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A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

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15+ Years In Corporate Practice

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