I. – Where detention, as provided for by European Union regulations and relating to goods suspected of infringing a patent or a supplementary exploitation certificate, is implemented before an application by the owner of a patent or a supplementary protection certificate attached to a patent or by a person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate has been lodged or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform this owner or beneficiary of the exclusive exploitation right of the implementation of this measure. They may also provide information on the quantity and nature of the goods.
When the detention, provided for by European Union regulations and relating to goods suspected of infringing a patent or a supplementary exploitation certificate, is implemented after a request from the owner of a patent or a supplementary protection certificate attached to a patent or from a person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate has been accepted, customs officers may also communicate to this owner or this person entitled the information provided for by these regulations, necessary to determine whether there has been an infringement of his right.
II. – The costs generated by the implementation of the withholding referred to in I shall be borne by the owner of the patent or supplementary protection certificate attached to a patent or by the person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate.