Preparing for a saisie-contrefaçon: protocol and training
Companies know the saisie-contrefaçon as an offensive tool. They know it far less well as an operational risk. On the day a bailiff appears at reception with an order and an expert, the front desk, security, IT, engineers and in-house counsel improvise, at the worst possible moment. Preparing for a saisie-contrefaçon means organising the company’s response without obstructing a judicial measure. This programme builds the protocol and trains the teams in ninety minutes.
The need
The saisie-contrefaçon is authorised on an ex parte application, without adversarial argument, and executed by surprise. The order sets out precisely what the bailiff may do: describe, sample, copy, seize. An unprepared company makes three kinds of mistake. It obstructs the operations, which is a fault. It allows access to information outside the scope of the order, which exposes its secrets. It destroys or moves items, which is turned against it. The protocol ensures that everyone knows whom to call, what to do and what never to do.
Deliverables
- A map of the sites and people to alert, with an escalation tree.
- A protocol in four parts: reception, security, legal, IT.
- Quick-reference sheets by function: reception and security, IT, engineers, legal department.
- The rules on cooperation, observations recorded in the report, confidentiality and protection of trade secrets, in particular the application for sequestration.
- An emergency line and tested crisis contact details.
- A simulation exercise and a corrections report.
Awareness training
First, a ninety-minute, scenario-based session with practical cases by function and a final quiz. Then a one-page sheet, “the first ten minutes”, given to each participant. Finally, depending on the level of maturity, a two-hour tabletop exercise or a full on-site simulation followed by a debrief. Twenty per cent of the examples are adapted to the client’s sector. A certificate and an improvement plan are provided at the end. The client thus keeps dated evidence of the training and of its updates.
How we work
The programme generally begins with the awareness training, which reveals the gaps. The protocol is then built with the functions concerned, from a questionnaire for each site. An annual simulation and an emergency line may complete the arrangement. The firm regularly carries out saisies-contrefaçon for its clients and assists companies that are seized: the protocol rests on that practice on both sides of the order.
Who it is for
Industrial sites and research centres exposed to competitors holding patents, companies exhibiting at trade fairs, distributors and importers, French subsidiaries of foreign groups whose crisis procedures do not cover this measure specific to French law.
A few matters that illustrate our practice
Biotechnology: evidence and protection strategy
Strategic advice to a biotechnology company on the protection of manufacturing processes for biological medicinal products. Preparation of an evidence strategy, analysis of the saisie-contrefaçon options and review of the routes open before the French courts and the Unified Patent Court.
Biological medicines: challenging saisie-contrefaçon orders
Involvement in challenging saisie-contrefaçon measures in the biologics sector. Analysis of the conditions for obtaining the orders, the proportionality of the measures and the extent of the documents seized, in their articulation with the litigation on the merits.
Analyses and publications to go further
Frequently asked questions
Peut-on refuser une saisie-contrefaçon ?
No. The order is enforced. However, the company may require strict compliance with its scope, have its observations recorded, request protection of its secrets and later challenge the order or the operations before the judge.
Does the protocol also apply to the Unified Patent Court?
Yes. The UPC has a comparable measure, the order to preserve evidence and for inspection. The protocol takes its specific features into account.
How long does implementation take?
The training is rolled out within a few weeks. The full protocol depends on the number of sites and functions, and follows a timetable agreed in the proposal.
Discuss your matter
To arrange an awareness session, contact the firm.