Dispute – infringement seizures
How can we help you in the context of a infringement seizures?
As intellectual property attorneys, we intervene in support of the bailiff who carries out the infringement seizure, in order to focus the operations on finding evidence.
In fact, the sole purpose of a infringement seizure is to collect evidence of infringement committed by a third party, as well as evidence of its scope. Yet, in patent matters for instance, the bailiff must be accompanied by a technical expert, often the intellectual property attorney of the firm representing the client, who knows the patented product and is expected to be able to recognise the evidence that must be collected during the infringement seizure.
He/she therefore most often intervenes before filing the lawsuit for infringement, and also fixes the starting point of the period for summoning the alleged infringer.
Because it is an extraordinary procedure ordered by the court, its scope is strictly limited and any failure to comply with this scope may result in the annulment of the infringement seizure.
When filing the petition for infringement seizure, it may either involve an actual seizure of the counterfeit products, or a distraint-description that will allow the bailiff to describe the counterfeit product in detail, without actually being authorised to take away a sample.
It may occur at the registered office of the alleged infringer’s business, or at the place of production of the counterfeit products, or at the place of assembly, their place of storage, at a point of sale or at any other place chosen by the applicant.