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, within ten working days, or three working days in the case of perishable goods, of notification of the detention, the infringing nature of the goods;
2° The applicant has confirmed in writing to the customs authorities, within ten working days, or three working days for perishable goods, from notification of the detention, that he consents to the destruction, under his responsibility, of the goods;
3° The holder of the goods has confirmed in writing to the customs authorities, within ten working days, or three working days for perishable goods, from notification of the detention, that he consents to the destruction of the goods.
II. – If the holder of the goods has not, within the period mentioned in 3° of I, either confirmed that he consents to the destruction of the goods, or informed the customs administration that he opposes their destruction, he shall be deemed to have consented to such destruction.
III. – Where the holder of the goods has not confirmed in writing that he consents to their destruction and is not deemed to have consented to the destruction of the goods within the time limits laid down, the customs administration shall immediately inform the applicant, who, within ten working days, or three working days for perishable goods, from notification of the detention, shall take the measures referred to in the fourth paragraph of article L. 335-10. The ten-day period may be extended by a maximum of ten working days at the duly substantiated request of the applicant. If the time limit is extended, the public prosecutor and the holder of the goods are informed.
If the conditions provided for in I of this article are not met and if the applicant has not provided proof to the customs administration that he has taken the measures mentioned in the fourth paragraph of article L. 335-10, the detention measure is automatically lifted.
IV. – As part of the communication of information provided for in the third paragraph of articles L. 335-10 and L. 335-11, the customs authorities shall inform the applicant of the existence of the procedure provided for in this article. The information provided for in the sixth paragraph of Article L. 335-10 may also be communicated to the applicant for the purposes of implementing this measure.