Chapter Va: Withholding

In addition to the cases provided for by European Union regulations, the customs administration may, at the written request of the holder of a copyright or related right, accompanied by proof of his right, detain as part of its controls goods that the holder claims to constitute an infringement. This detention is immediately notified to the applicant and the holder. The public prosecutor is also informed of the said measure…

In the absence of a written request from the owner of a copyright or related right 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 copyright or related right. The holder of the copyright or related right is immediately notified of this detention. The public prosecutor is also informed of the said measure by…

I. – Where the detention provided for by European Union regulations and relating to goods suspected of infringing a copyright or related right is implemented before an application by the right holder has been lodged or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform the right holder of the implementation of this measure. They may also provide information on the quantity…

During the withholding period referred to in Article L. 335-10 and in the second paragraph of I of Article L. 335-12, the owner of the copyright or related 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 holder of the copyright or related right, these samples…

I. – When goods suspected of infringing a copyright or related right are detained after a request referred to in Article L. 335-10 has been accepted, goods suspected of infringing a registered copyright or related right may be destroyed under the supervision of customs officers provided the following conditions are met: 1° The applicant has confirmed in writing and by means of a detailed expert report to the customs authorities,…

I. – When goods suspected of infringing copyright or related rights are detained after a request mentioned in Article L. 335-10 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 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. 335-10 to L. 335-13, customs officers apply the powers devolved to them by the Customs Code.

A decree in the Council of State shall set: 1° The conditions for applying the measures provided for in articles L. 335-10 to L. 335-16; 2° The conditions under which goods likely to infringe a copyright or related right, as provided for by current European regulations, are destroyed, as well as the conditions under which samples are taken prior to the said destruction.