5. Who can attend seizure operations?
Seizure operations are carried out by a bailiff, who must maintain control of the operations throughout the seizure.
However, given the technical nature of the subject, it is advisable to ask the judge to authorize the bailiff to be assisted by an expert.
This expert must necessarily be independent of the claimant. He may not be :
the petitioner, his employees and agents, even if they have been authorized by the motions judge ( Cass.com, 8-7-2008 pourvoi n° 07/15075 );
similarly, the lawyer representing or assisting the applicant for seizure in the dispute...
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Who can attend seizure operations?
How can you anticipate the risks of revocation of the order authorizing seizure or cancellation of seizure operations?
Bibliography
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Bibliography
Michel Abello, Guide des saisies-contrefaçons et des constats , Lexis-Nexis, ed. 2016
Gérard Cornu, Vocabulaire juridique , PUF, 4th ed. 2003
M. Vivant, Le droit des brevets – Connaissance du droit , 2 e ed. Dalloz, 2005
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Code de la propriété intellectuelle
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article L. 613-4
article L. 613-9
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