Chapter II: Seizure for counterfeiting

Any author of a work protected by Book I of this Part, his successors in title or his assigns may bring an infringement action. To this end, such persons shall be entitled to have any bailiffs, where appropriate assisted by experts appointed by the plaintiff, carry out, by order made on request by the competent civil court, either a detailed description, with or without taking samples, or the actual seizure…

The court may order, of its own motion or at the request of any person entitled to bring an infringement action, all legally permissible investigative measures, even if an infringement seizure has not previously been ordered under the conditions set out in Article L. 332-1.

Within a time limit fixed by regulation, the distrainee or the garnishee may request the president of the judicial court to order the release of the seizure or to confine its effects, or to authorise the resumption of manufacture or that of public performances or performances, under the authority of an administrator constituted as sequestrator, on behalf of whomsoever he may choose, of the products of such manufacture or exploitation….

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…