Practical sheet | REF: FIC1638 V1

Infringement: organizing a patent infringement seizure

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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8. How are data entry operations carried out?

The order issued is "executory sur minute", i.e. on simple presentation of the original accompanied by the executory formula (article 495 Code de procédure civile ).

No date is given for the seizure. The seizure is carried out on the day chosen by the applicant, and may not take place before 7 a.m. or after 10 p.m., unless special authorization is obtained by the judge as part of the order.

It is essential to meet with the bailiff and any other parties involved in order to prepare for the infringement seizure prior to its implementation. This is because the bailiff will be going to one or more unfamiliar places, and the items...

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