If the distrainor fails, within a period set by regulation, either to take civil or criminal action on the merits, or to lodge a complaint with the public prosecutor, the entire seizure, including the description, shall be cancelled at the request of the distrainee or the garnishee, without the latter having to give reasons for its request and without prejudice to any damages that may be claimed.
Infringement of software and databases may be proven by any means. To this end, any person with standing to bring an infringement action is entitled to have carried out in any place and by any bailiffs, where appropriate assisted by experts appointed by the plaintiff, pursuant to an order made on request by the competent civil court, either a detailed description, with or without taking samples, or the actual seizure…
Where the proceeds of exploitation accruing to the author of a work of the mind have been subject to seizure, the president of the judicial court may order the payment to the author, by way of maintenance, of a certain sum or a specified proportion of the sums seized.
Insofar as they are of a maintenance nature, sums due, by reason of the pecuniary exploitation or transfer of literary or artistic property rights, to all authors, composers or artists as well as to their surviving spouse against whom there is no judgment of legal separation that has become res judicata, or to their minor children taken in their capacity as successors in title, shall be exempt from seizure.
The unseizable proportion of these sums may in no case be less than four-fifths, where they are at most equal annually to the highest level of resources provided for pursuant to Chapter V of Title IV of Book I of the Labour Code.
The provisions of this chapter shall not preclude seizures made with a view to the recovery of maintenance claims provided for by the provisions of the Civil Code.
In the event of a breach of the provisions of article L. 122-8, the purchaser and the judicial officers may be ordered jointly and severally to pay damages to the beneficiaries of the resale right.
The competent judicial police officers may proceed, as soon as the offences provided for in Articles L. 335-4 à L. 335-4-2, the seizure of illegally reproduced phonograms and videograms, illegally manufactured or imported copies and objects, any copy, product, apparatus, device, component or means infringing technological measures and the information mentioned respectively in articles L. 331-5 and L. 331-11 as well as the seizure of equipment specially installed with a…
Any edition of writings, musical composition, drawing, painting or any other production, printed or engraved in whole or in part, in defiance of the laws and regulations relating to authors’ property, is an infringement and any infringement is an offence. Counterfeiting in France of works published in France or abroad is punishable by three years’ imprisonment and a fine of 300,000 euros. The debit, export, import, transhipment or possession for…
It is punishable by three years’ imprisonment and a fine of 300,000 euros to: 1° Publish, make available to the public or communicate to the public, knowingly and in any form whatsoever, software manifestly intended for the unauthorised making available to the public of protected works or objects; 2° Knowingly encourage, including through an advertisement, the use of software mentioned in 1°.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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