INFRINGEMENT SEIZURE
LexInter | April 25, 2003 | 0 Comments

INFRINGEMENT SEIZURE

Chapter II: Seizure-infringement

Article L332-1

The police commissioners and, in places where there is no police commissioner, the magistrates, are bound, at the request of any author of a work protected by Book I, to his beneficiaries. or his successors in title, to seize the copies constituting an illicit reproduction of this work or any copy, product, device, device, component or means infringing the technical measures and the information mentioned respectively in Articles L. 331-5 and L. 331-22;

If the seizure is to have the effect of delaying or suspending public performances or performances in progress or already announced, a special authorization must be obtained from the president of the tribunal de grande instance, by order issued on request.

The president of the tribunal de grande instance may also, in the same form, order:

1 ° The suspension of any production in progress tending to the illicit reproduction of a work or to the achievement of an infringement of the technical measures and of the information mentioned respectively in Articles L. 331-5 and L. 331-22;

2 ° The seizure, whatever the day and time, of copies constituting an illicit reproduction of the work, already manufactured or in the course of manufacture, or of copies, products, devices, devices, components or means, manufactured or in the course of manufacture, undermining the technical measures and the information mentioned respectively in Articles L. 331-5 and L. 331-22, recipes made, as well as copies illegally used; he may also order the actual seizure of the materials and instruments used to illicitly produce or distribute the works, as well as any document relating thereto;

3 ° The seizure of the receipts resulting from any reproduction, representation or distribution, by any means whatsoever, of a work of the mind, carried out in violation of the rights of the author or resulting from an infringement of technical measures and to information

mentioned in Articles L. 331-5 and L. 331-22 respectively;

4 ° The suspension, by any means, of the content of an online communication service to the public infringing one of the author’s rights, including by ordering to cease storing this content or, failing that, to stop allowing access. The time limit within which the release or the confinement of the effects of this measure can be requested by the defendant is fixed by regulation;

5 ° The actual seizure of illicit works or products suspected of infringing a copyright, or their handing over to a third party in order to prevent their introduction or their circulation in the commercial circuits;

The president of the tribunal de grande instance may, in the same manner, order the measures provided for in 1 ° to 5 ° at the request of the holders of related rights defined in the book

The president of the tribunal de grande instance may, in the ordinances provided for above, order the prior constitution of guarantees by the seizing party.

Article L332-2

Within a period set by regulation, the garnishee or the garnishee may request the president of the tribunal de grande instance to release the seizure or limit its effects, or to authorize the resumption of production or that public performances or performances, under the authority of an administrator appointed as receiver, on whose behalf he will belong, of the products of this production or of this exploitation.

The president of the tribunal de grande instance ruling in summary proceedings may, if he grants the request of the garnishee or the garnishee, order the plaintiff to deposit a sum allocated to the guarantee of the damages to which the author could claim.

Article L332-3

Failure by the seizor to seize the competent court within a period fixed by regulation, release of this seizure may be ordered at the request of the garnishee or the third party seized by the president of the court, ruling in summary proceedings.

Article L332-4

In the area of ​​software and databases, the infringement seizure is carried out by virtue of an order issued on request by the president of the tribunal de grande instance. The president can order the actual seizure of objects made or manufactured illegally as well as that of the materials and instruments used to produce or distribute illegally software or a database as well as any document relating thereto.

The bailiff or the police commissioner may be assisted by an expert appointed by the applicant.

In the absence of a summons or summons within a period fixed by regulation, the infringement seizure is null.

In addition, the police commissioners are required, at the request of any holder of rights to software or to a database, to enter a description of the infringing software or database, an entry-description which may materialize in a copy.

ARTICLES R 332-1 AR 332-4

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