ARTICLE "Customs and the fight against counterfeiting" - April 11, 2015 - Observatoire des Réglementations Douanières et Fiscales - Altaprisma

"Customs and the fight against counterfeiting " - April 11, 2015 - Observatoire des Réglementations Douanières et Fiscales - Altaprisma

Is customs detention lifted "by operation of law" in the absence of legal action by the holder of intellectual property rights within 10 days of the provisional detention of the allegedly infringing goods? Yes according to the texts, no according to the judge!

Gaspard de BELLESCIZE returned to the complex relationship between the "autonomous power" enjoyed by Customs to assess the infringing nature of goods, even though they have been placed under customs detention, and the procedures for the detention/seizure of counterfeit goods provided for in Regulation (EU) No 608/2013 of 12 June 2013 or codified in the Intellectual Property Code, in particular Article L.716-8. The Customs authorities could make up for the failure of the right holder to take action.