What are the powers of the judge authorizing the seizure?
Infringement: organizing a patent infringement seizure
Practical sheet REF: FIC1638 V1
What are the powers of the judge authorizing the seizure?
Infringement: organizing a patent infringement seizure

Author : Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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7. What are the powers of the judge authorizing the seizure?

The request must be submitted by a lawyer (article 813 of Code de procédure civile ) to the judge competent to rule on patent applications, i.e. the President of the Paris Tribunal de Grande Instance.

In the absence of a defendant, the judge will verify the applicant's right to request an infringement seizure (see step 2: Who can request an infringement seizure?). Next, and even if "any person with standing to sue for infringement is entitled to have" a counterfeit seizure carried out (article L. 615-5 of Code de la propriété intellectuelle...

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