Chapter VIa: Customs detention and criminal proceedings

In addition to the cases provided for by the Community regulations in force, the customs administration may, at the written request of the holder of a registered trade mark or the beneficiary of an exclusive right of exploitation, accompanied by proof of his right, detain as part of its controls the goods that he claims constitute an infringement. This detention shall be notified immediately to the applicant and the holder….

In the absence of a written request from the proprietor of a registered trademark or the beneficiary of an exclusive right of exploitation and outside the cases provided for by the Community regulations in force, the customs administration may, as part of its controls, detain goods likely to infringe a registered trademark or an exclusive right of exploitation. This detention shall immediately be notified to the proprietor of the registered…

I.-Where the detention of goods suspected of infringing a registered trade mark, as provided for by current Community regulations, is implemented before an application for action by the proprietor of the registered trade mark or the beneficiary of an exclusive right of exploitation has been filed or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform this holder or beneficiary of the…

During the withholding period referred to in Article L. 716-8 and in the second paragraph of I of Article L. 716-8-2, the owner of the registered trademark or the beneficiary of the exclusive exploitation right may, at his request or at the request of the customs administration, inspect the goods detained. When inspecting the goods detained, the customs administration may take samples. At the request of the proprietor of the…

I.-When the detention of goods suspected of infringing a registered trademark is implemented after a request referred to in Article L. 716-8 has been accepted, the goods suspected of infringing the registered trademark may be destroyed under the supervision of customs officers provided that 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 ten…

I.-When the detention of goods suspected of infringing a registered trademark is implemented after a request mentioned in Article L. 716-8 has been accepted, goods transported in small consignments suspected of infringing a registered trademark 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 the first sentence of…

Where the applicant uses information communicated to him by the customs administration, by way of derogation from 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. 716-8 to L. 716-8-3, customs officers shall apply the powers vested in 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. 716-8 to L. 716-8-6; 2° The conditions under which the destruction of goods likely to constitute an infringement of a registered trademark, as provided for by European Union regulations, takes place, as well as the conditions for taking samples prior to said destruction.