French Intellectual Property Code
In forceIn the absence of a written request from the person authorised to use a geographical indication or the organisation for the defence of geographical indications and outside the cases provided for by European Union regulations, the customs administration may, as part of its controls, detain goods likely to infringe a geographical indication.
This detention is immediately notified to the person authorised to use the geographical indication or to the organisation for the defence of geographical indications. The public prosecutor is also informed of the measure by the customs authorities.
During the notification referred to in the first sentence of the second paragraph of this article, the nature and actual or estimated quantity as well as images of the goods shall be communicated to the person authorised to use the geographical indication or to the body for the defence of geographical indications, by way of derogation from Article 59 bis of the Customs Code. This information may also be communicated before the implementation of the measure provided for in this article.
The detention measure shall be lifted automatically if the customs administration has not received from the person authorised to use the geographical indication or from the organisation for the defence of geographical indications the request provided for in Article L. 722-9 of this Code, lodged within four working days of notification of the detention mentioned in the first sentence of the second paragraph of this Article.
If the request has been received in accordance with the fourth paragraph of this article, the period of ten working days referred to in the fourth paragraph of Article L. 722-9 begins to run from the acceptance of this request by the customs administration.
This article does not apply to perishable goods.
