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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    It is important to be aware of the raison d'être of seizure for counterfeiting: as an evidentiary measure designed to establish proof of counterfeiting, it cannot be used to obtain confiscation of the allegedly counterfeit products or the tools used to make them.

    As an exceptional, non-adversarial procedure enabling entry into a third party's premises without their consent, seizure for counterfeiting must necessarily be proportionate to the sole purpose of obtaining proof of counterfeiting (CA Paris, Pôle 1 3 e ch., 6-12-2011, RG n° 11/11455, ref. B20110195, Base de données juridiques de l’INPI ).

    The elements likely to be investigated will therefore largely depend on the object of...

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