Section 2: Withholding

In addition to the cases provided for by European Union regulations, the customs administration may, at the written request of a person authorised to use a geographical indication or of any organisation for the defence of geographical indications, accompanied by the justifications for its right, detain as part of its controls goods which the latter claims to constitute an infringement. This detention is immediately notified to the applicant and the…

In the absence of a written request from the person authorised to use a geographical indication or the organisation for the defence of geographical indications 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 geographical indication. This detention is immediately notified to the person authorised to use the geographical indication or to the organisation…

I. – Where the detention provided for by European Union regulations and relating to goods suspected of infringing a geographical indication is implemented before a request from the person authorised to use the geographical indication or the body for the defence of geographical indications has been lodged or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform this person or body of…

During the period of withholding referred to in Article L. 722-9 and in the second paragraph of I of l’article L. 722-11, the person authorised to use a geographical indication or the body for the defence of geographical indications may, at their request or at the request of the customs administration, inspect the goods detained. When inspecting the goods detained, the customs authorities may take samples. At the request of…

I. – When goods suspected of infringing a geographical indication are detained after a request referred to in Article L. 722-9 has been accepted, goods suspected of infringing a geographical indication 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 a period of ten…

I. – When the detention of goods suspected of infringing a geographical indication is implemented after a request mentioned in Article L. 722-9 has been accepted, goods transported in small consignments suspected of infringing a geographical indication may be destroyed under the supervision of customs officers where the applicant has, in his application, requested recourse to the procedure provided for in this article. II. – The notification referred to in…

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. 722-9 to L. 722-12, customs officers shall apply the powers vested in them by the Customs Code.

A decree in the Council of State sets out: