I.-When the detention of goods suspected of infringing a registered trademark is implemented after a request mentioned in Article L. 716-8 has been accepted, goods transported in small consignments suspected of infringing a registered trademark may be destroyed under the supervision of customs officers where the applicant has, in his application, requested recourse to the procedure provided for in this Article.
II.-The notification referred to in the first sentence of the second paragraph of Article L. 716-8 shall be made within one working day of the date of detention. It states whether or not the customs administration intends to destroy the goods and indicates that:
1° The holder of the goods has a period of ten working days from notification of the detention to make his observations known to the customs administration;
2° The goods concerned may be destroyed if, within a period of ten working days from their detention, the holder of the goods has confirmed to the customs administration that he consents to such destruction. In the event of silence from the holder of the goods at the end of this period, the holder is deemed to have consented to their destruction.
The customs authorities shall provide the applicant, at the applicant’s request, with information relating to the actual or estimated quantity of goods destroyed and their nature.
III.-Where the declarant or holder of the goods has not confirmed in writing that he consents to their destruction or where he is not deemed to have consented to their destruction, the customs administration shall immediately inform the applicant and provide him with the quantity, nature and images of the goods.
IV.-The detention measure shall be lifted ipso jure if the applicant fails, within a period of ten working days from the information provided for in III of this Article, to justify to the customs administration that he has taken the measures mentioned in the fourth paragraph of Article L. 716-8.
With a view to taking these measures, the applicant may obtain from the customs administration the names and addresses of the consignor, importer, consignee and holder of the goods detained, as well as their quantity, origin, provenance and destination, by way of derogation from Article 59a of the Customs Code.
V.-The definition of small consignments referred to in I of this article is specified by order of the Minister responsible for customs.
VI.-This article does not apply to perishable goods.