In the absence of a written request from the proprietor of a registered trademark or the beneficiary of an exclusive right of exploitation and outside the cases provided for by the Community regulations in force, the customs administration may, as part of its controls, detain goods likely to infringe a registered trademark or an exclusive right of exploitation.
This detention shall immediately be notified to the proprietor of the registered trademark or the beneficiary of the exclusive right of exploitation. The public prosecutor shall also be informed of the said measure.
During the notification referred to in the first sentence of the second paragraph of this Article, the nature and the actual or estimated quantity as well as images of the goods shall be communicated to the holder of the right or the beneficiary of the exclusive exploitation right, notwithstanding Article 59 bis of the Customs Code. This information may also be communicated prior to the implementation of the detention measure provided for in this article.
The detention measure shall be lifted automatically if the customs administration has not received from the owner of the registered trade mark or the beneficiary of the exclusive right of exploitation the request provided for in Article L. 716-8 of this code, lodged within four working days of notification of the deduction referred to in the first sentence of the second paragraph of this article.
If the request has been received in accordance with the fourth paragraph of this article, the ten-working-day period referred to in the fourth paragraph of Article L. 716-8 shall begin to run from the date of acceptance of this request by the customs administration.
This article shall not apply to perishable goods.