Article L.716-8 of the Intellectual Property Code states that ‘upon the written request from a registered trademark owner or the beneficiary of an exclusive right of use, and notwithstanding the situations covered by relevant EU regulations, the Customs Administration can lawfully detain merchandise and goods that it considers to be counterfeit.’
Customs control is therefore a procedure allowing Customs to retain goods with trademarks that they consider to be counterfeit. Goods can legally be held for a period of 10 days upon the written request of a trademark holder.
This request can either be made in relation to an identified batch of goods or it can be presented as justification for the implementation of preventive surveillance measures. In the latter case, the surveillance system is valid for a year and can be renewed indefinitely.
When goods are stored as a result of Customs control, the party seeking the detention must justify it within a period of 10 working days counting from the date of notification of the retention either through provisional measures or through bringing the case to court (civil or criminal).