Seizure

A seizure for infringement is a legal procedure aimed at enabling the holder of intellectual property rights (such as patents, trademarks, copyrights, etc.) to prove the infringement of his rights and to obtain the seizure of infringing goods.

This is a method of proving infringement of intellectual property rights, which authorizes the holder of an industrial property right to have a seizure carried out on the premises of an alleged infringer after authorization from the President of the Tribunal Judiciaire de Paris.

The seizure may be ordered by a judge at the request of the rights holder, without the latter being obliged to give prior notice to the opposing party. The infringement seizure procedure can be quite fast, which limits the damage suffered by the rights holder. It is then a matter of filing a request for an order which can then be executed by the Commissioner of Justice.

The infringement seizure may be a descriptive seizure and/or a physical seizure.

The lawyer handling the infringement seizure represents the rights holder before the competent courts.

To go further: see our article on infringement seizure and trade secrets.