Chapter V: Legal proceedings

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…

Where the judge has made the seizure subject to the provision of guarantees by the claimant, these must be provided before the seizure is carried out. On pain of nullity and damages against the bailiff, the latter must, before proceeding with the seizure, give copies to the holders of the objects seized or described of the order and, where applicable, of the deed recording the provision of guarantees. A copy…

The period provided for in the last paragraph of Article L. 615-5 and given to the claimant to appeal on the merits is twenty working days or thirty-one calendar days, whichever is longer, from the day on which the seizure or description took place. .

The president of the court may order, in the light of the seizure report, any measure likely to complete the proof of the alleged acts of infringement.

When, in a civil dispute relating to patents for invention, technical expertise appears necessary, the president of the court seised may consult, on the choice of expert, one of the bodies designated by joint order of the Keeper of the Seals and the ministers concerned. If such consultation has been carried out, mention thereof shall be made in the judgment or ruling.