The seizure, whether descriptive or real, provided for in the second paragraph of Article L. 615-5 shall be ordered by the president of one of the judicial courts referred to in Article D. 631-2, within whose jurisdiction the operations are to be carried out.
The order shall be made on application and on presentation of either the patent, supplementary protection certificate, utility certificate or certificate of addition or, in the case provided for in the first paragraph of article L. 615-4, a certified copy of the application for a patent, supplementary protection certificate, utility certificate or certificate of addition. In the latter case, the applicant must also provide proof that the conditions laid down in this article have been met.
If the application is submitted by the licensee, the applicant must provide proof that the conditions laid down in this article have been met.
If the application is made by the holder of an exclusive right of exploitation or by the holder of a licence granted under Articles L. 613-11, L. 613-15, L. 613-17, L. 613-17-1 and L. 613-19, the applicant must show that the conditions laid down in the second or fourth paragraph of Article L. 615-2, as appropriate, have been met.
The President may authorise the hearing to take place in camera.
The chairman may authorise the bailiff to carry out any useful observations with a view to establishing the origin, consistency and extent of the infringement.
In order to ensure the protection of business secrecy, the chairman may ex officio order the temporary sequestration of the seized items, under the conditions set out in Article R. 153-1 of the Commercial Code.