Provide evidence of infringement by infringement seizure
If you or your company hold intellectual property rights such as patents or trademarks and you notice that a third party is presumably infringing them, a seizure may be appropriate.
Better understand infringement seizure
Infringement seizure allows the holder of intellectual property rights (patents, trademarks, models, geographical indications, etc.) to collect evidence of infringement by a third party and its extent. It is governed by very strict rules.
The infringement seizure most often occurs before initiating an infringement lawsuit. It is actually the starting point of the deadline for filing such lawsuit against the alleged infringer.
Because it is an extraordinary procedure, ordered by the Court, its framework is strictly delimited and any failure to comply with this framework may result in the cancellation of the seizure.
When applying for infringement seizure, you may request either a real seizure of the infringing products, or a descriptive seizure which will allow the bailiff to describe in detail the infringing product, without being authorized to take a sample.
The seizure may occur at the headquarters of the alleged infringer’s company, or at the production site of the infringing products, at their place of assembly, their storage location, at a point of sale, or any other location the applicant may choose.
Following an infringement seizure, the holder of the rights must seize the court within a period of 20 working days (article L.615-3 of the French Intellectual Property Code) from the date of the seizure.
The contribution of Brandon IP in infringement seizure procedures
As Intellectual Property attorneys, we support the bailiff who carries out the seizure of counterfeit goods in order to guide operations in terms of the evidence sought.
Next to the bailiff, the attorney plays the role of the technical expert in charge of the client, owner of the IP rights. The attorney is therefore familiar with the patented product and is able to search the evidence that should be retrieved during the seizure.
We then help you in the infringement proceedings in order to claim damages in compensation for the harm suffered by your company. It should be noted that counterfeiting is a criminal offence and the court can go so far as to impose a prison sentence on the infringer in the most serious cases.
The support of intellectual property attorneys, experts in their field, is a key element to carry out such procedures. If this is your situation, we invite you to contact our teams as soon as possible in order to stop this violation of your rights and limit the damage.
Intellectual property attorneys close to you and your expectations
Since 1866, Brandon IP, formerly known as Blétry Frères, has been helping its clients in protecting and defending their intellectual property rights. It is one of the oldest intellectual property firms in France – if not the oldest. We assist companies of all sizes as well as project holders in securing their inventions by providing customized services as close as possible to their needs.
As a guarantee of our expertise, Brandon IP is ranked among the best French Patent & Trademark firms by the Leaders League rating agency.
You need some advice? We answer all your questions about patent and trademark protection and infringement seizure procedures.
See also the following topics:
- Drafting, filing and defending a patent
- Search, filing and defense of trademarks
- Defense of your intellectual property rights