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Confiscation of Counterfeit

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By Anonymous writer - Glossary

The confiscation or seizure of counterfeit is a procedure put in place before all actions for infringement based on counterfeit take place.

Confiscation powers fall within the ambit of a court-ordered bailiff (‘huissier de justice’ in French) who gives a determination based on the facts concerning the allegedly counterfeited trademark. The bailiff is authorized to enter the home of the person alleged to have committed the counterfeit upon being issued a warrant from the regional court of the place where the counterfeit supposedly took place.

Following this confiscation, the rights holder must have it validated by an assignation within a fortnight and sent to the alleged infringing party.

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