Chapter IVa: Withholding

Apart from the cases provided for by European Union regulations, the customs administration may, at the written request of the owner of a patent or of a supplementary protection certificate attached to a patent or of a person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate, accompanied by proof of entitlement, detain as part of its controls goods which the owner claims to be…

In the absence of a written request from the owner of a patent or a supplementary protection certificate attached to a patent or from a person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate, and outside the cases provided for by European Union regulations, the customs administration may, as part of its controls, detain goods likely to infringe a patent or a supplementary exploitation…

I. – Where detention, as provided for by European Union regulations and relating to goods suspected of infringing a patent or a supplementary exploitation certificate, is implemented before an application by the owner of a patent or a supplementary protection certificate attached to a patent or by a person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate has been lodged or accepted, customs officials…

During the withholding period referred to in Article L. 614-32 and in the second paragraph of I of article L. 614-34, the owner of the patent or of the supplementary protection certificate attached to a patent or the person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate may, at his request or at the request of the customs administration, inspect the goods detained. When…

I. – When the detention of goods suspected of infringing a patent, supplementary protection certificate or utility certificate is implemented after an application referred to in Article L. 614-32 has been accepted, goods suspected of infringing a patent, supplementary protection certificate or utility certificate 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…

Where the applicant uses information communicated to him by the customs administration, notwithstanding Article 59 bis of the Customs Code, for purposes other than those provided for in this chapter, the Customs administration shall repeal, suspend or refuse to renew the said application.

With a view to imposing the measures provided for in articles L. 614-32 to L. 614-35, customs officers shall apply the powers vested in them by the Customs Code.

A decree in the Council of State sets out: