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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6. How can you anticipate the risks of revocation of the order authorizing seizure or cancellation of seizure operations?

The request must be presented to the judge in a fair, reasoned and justified manner. It must also be precise in determining the measures requested.

As the judge is required to rule solely on the basis of the information submitted by the applicant, without any adversarial debate, the applicant must be honest in presenting the facts, the measures requested and the reasons for them. Failing this, the order may be retracted once an adversarial debate has taken place, resulting in the definitive loss of the evidence seized (see step 9 below: What remedies are available?).

For example, a seizure order is liable to be annulled if it appears that contextual elements of the case were concealed from the magistrate who granted the measure in order to prevent him from making up his mind in the light of all the objective elements of the case (TGI Paris,...

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How can you anticipate the risks of revocation of the order authorizing seizure or cancellation of seizure operations?