Chapter Ia: Withholding

In addition to the cases provided for by the Community regulations in force, the customs administration may, at the written request of the owner of a registered design or the beneficiary of an exclusive right of exploitation, accompanied by proof of his right, detain as part of its controls the goods which he claims constitute an infringement. This detention is immediately notified to the applicant and the holder. The public…

In the absence of a written request from the owner of a registered design or the beneficiary of an exclusive exploitation right and outside the cases provided for by the Community regulations in force, the customs administration may, in the course of its controls, detain goods likely to infringe a registered design or an exclusive exploitation right. This detention is immediately notified to the owner of the registered design or…

I.-Where the detention of goods suspected of infringing a registered design, as provided for by Community regulations in force, is implemented before an application for action by the owner of the registered design or the beneficiary of the exclusive exploitation right has been filed 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 right…

During the withholding period referred to in Article L. 521-14 and the second paragraph of I of l’article L. 521-16, the owner of the registered design or the beneficiary of the exclusive exploitation right may, at his request or at the request of the customs administration, inspect the goods detained. When inspecting the detained goods, the customs administration may take samples. At the request of the owner of the registered…

I. – When goods suspected of infringing a registered design are detained after a request referred to in article L. 521-14 has been accepted, goods suspected of infringing a registered design may be destroyed under the supervision of customs officers if the following conditions are met: 1° The applicant has confirmed in writing and by means of a detailed expert report to the customs authorities, within ten working days, or…

I. – When goods suspected of infringing a registered design are detained after an application referred to in Article L. 521-14 has been accepted, goods transported in small consignments may be destroyed under the supervision of customs officers where the applicant has, in his application, requested the use of the procedure provided for in this article. II. – The notification referred to in the first sentence of the second paragraph…

Where the applicant uses information provided to him by the customs administration, by way of derogation from Article 59 bis of the Customs Code, for purposes other than those provided for in this Chapter, the Customs Administration shall revoke, suspend or refuse to renew the said application.

With a view to imposing the measures provided for in Articles L. 521-14 to L. 521-17-3, customs officers shall apply the powers vested in them by the Customs Code.

A decree in the Council of State shall set: 1° The conditions for application of the measures provided for in Articles L. 521-14 to L. 521-17-3; 2° The conditions under which the destruction of goods likely to constitute an infringement of a design, as provided for by European Union regulations, takes place, as well as the conditions for taking samples prior to the said destruction.