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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9. What recourse is available?

If the judge does not grant the petition, it is possible to appeal the decision within fifteen days of the petition's rejection (article 496 of Code de procédure civile ). In practice, it is often more effective to submit a new petition, amended or supplemented to take account of the reasons for rejection.

In most cases, however, the recourse will come from the seized party or, if different, from the potential infringer to whom the seizure is opposed.

As infringement seizures are carried out at the applicant's own risk, it is advisable to be prepared for this situation, and to be aware that the measure may give rise to intense...

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