Any person having standing to bring an infringement action may apply to the competent civil court for summary proceedings to have ordered, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, any measure intended to prevent an imminent infringement of a geographical indication or to prevent the continuation of allegedly infringing acts. The competent civil court may also order any urgent measures on application where circumstances require that such measures should not be taken in adversarial proceedings, in particular where any delay would be likely to cause irreparable harm to the applicant. Whether seised in summary proceedings or on application, the court may order the measures requested only if the evidence, reasonably available to the applicant, makes it likely that a geographical indication is being infringed or that such infringement is imminent.
The court may prohibit the continuation of the allegedly infringing acts, make them subject to the lodging of guarantees intended to ensure the possible compensation of the claimant or order the seizure or delivery into the hands of a third party of the allegedly infringing products, in order to prevent their introduction or circulation in commercial channels. If the claimant proves circumstances likely to compromise the recovery of damages, the court may order the precautionary seizure of the alleged infringer’s movable and immovable property, including the freezing of his bank accounts and other assets, in accordance with ordinary law. In order to determine the assets likely to be subject to seizure, it may order the communication of banking, financial, accounting or commercial documents or access to relevant information.
It may also award the claimant an advance where the existence of his loss is not seriously disputable.
In summary proceedings or on application, the court may make enforcement of the measures it orders subject to the provision by the claimant of guarantees intended to ensure possible compensation of the defendant if the infringement action is subsequently found to be unfounded or the measures annulled.
When the measures taken to stop an infringement are ordered before an action is brought on the merits, the plaintiff must, within a period set by regulation, either take civil or criminal action or lodge a complaint with the public prosecutor. Failing this, at the request of the defendant and without the defendant having to state the grounds for his claim, the measures ordered shall be cancelled, without prejudice to any damages that may be claimed.