French Intellectual Property Code
In forceIn addition to the cases provided for by the Community regulations in force, the customs administration may, at the written request of the holder of a registered trade mark or the beneficiary of an exclusive right of exploitation, accompanied by proof of his right, detain as part of its controls the goods that he claims constitute an infringement.
This detention shall be notified immediately to the applicant and the holder. The public prosecutor shall also be informed of the said measure by the customs administration.
During the notification referred to in the first sentence of the second paragraph of this article, the nature, actual or estimated quantity and images of the goods shall be communicated to the holder of the right or the beneficiary of the exclusive right of exploitation, notwithstanding Article 59 bis of the Customs Code. This information may also be communicated before the detention measure provided for in this article is implemented.
Subject to the procedures provided for in Articles L. 716-8-4 and L. 716-8-5, the detention measure shall be lifted ipso jure if the applicant fails, within a period of ten working days or three working days in the case of perishable goods, from notification of the detention of the goods, to provide evidence to the customs services either of precautionary measures decided by the competent civil court, or that they have taken civil or criminal action and have lodged guarantees to compensate the holder of the goods in the event that the infringement is not subsequently recognised, or that they have lodged a complaint with the public prosecutor. The customs administration may extend the ten-day period provided for in this paragraph by a maximum of ten working days at the duly motivated request of the applicant. In the event of an extension of the time limit, the public prosecutor and the holder of the goods shall be informed.
The costs associated with the detention measure or the precautionary measures ordered by the competent civil court shall be borne by the applicant, subject to the procedures provided for in Articles L. 716-8-4 and L. 716-8-5.
For the purposes of initiating the legal proceedings referred to in the fourth paragraph, the applicant may obtain from the customs administration communication of the name and address of the consignor, importer, consignee of the goods detained or their holder, as well as images of these goods and information on their quantity, origin, provenance and destination by way of derogation from Article 59 bis of the Customs Code, relating to the professional secrecy to which the agents of the customs administration are bound.
The detention referred to in the first paragraph does not concern:
on goods of Community status, lawfully manufactured or released for free circulation in a Member State of the European Union and intended, after having passed through the customs territory as defined in Article 1 of the Customs Code, to be placed on the market of another Member State of the European Union in order to be lawfully marketed there;
on goods of Community status, lawfully manufactured or lawfully released for free circulation in another Member State of the European Union, in which they have been placed under the transit procedure and which are intended, after having passed through the customs territory as defined in Article 1 of the Customs Code, to be exported to a State that is not a member of the European Union.
