In the absence of a written request from the owner of a patent or a supplementary protection certificate attached to a patent or from a person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate, 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 patent or a supplementary exploitation certificate.
The owner of the patent or of the supplementary protection certificate attached to a patent or the person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate is immediately notified of this detention. The public prosecutor is also informed of this measure by the customs authorities.
During the notification referred to in the first sentence of the second paragraph of this article, the nature and actual or estimated quantity as well as images of the goods shall be communicated to the owner of the patent or supplementary protection certificate attached to a patent or to the person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate, by way of derogation from Article 59 bis of the Customs Code. This information may also be communicated before the implementation of the measure provided for in this article.
The detention measure shall be lifted automatically if the customs administration has not received from the owner of the patent or supplementary protection certificate attached to a patent or from the person entitled to exploit the patented invention or the subject of the supplementary exploitation certificate the request provided for in Article L. 614-32 of this Code, filed within four working days of notification of the withholding referred to in the first sentence of the second paragraph of this Article.
If the request has been received in accordance with the fourth paragraph of this article, the period of ten working days referred to in the fourth paragraph of article L. 614-32 begins to run from the date of acceptance of this request by the customs administration.
This article does not apply to perishable goods.