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Custom Recordal of IPRs in France

France

Custom Recordal of IPRs
Yes
Yes
Yes
The new EU Customs Regulation 608/2013 and the corresponding Implementing Regulation 1352/2013 are fully applicable to France, and are transposed in Article L 335-10 (for copyright), Article L 614-32 (for patents), Article L 716-8 (for trademarks), Article L 722-9 (for geographical indications), Article L 623-26 (for plant varieties), and subsequent articles of the IP Code.
Custom Recordal of IPRs is effective both on the import and export of goods.
The French customs authorities may automatically detain goods suspected of counterfeiting the IP rights for up to 04 working days, during which time the rights holder can formally file an application for customs intervention. If the IP rights holder fails to file such an application in the four-day period, the French Customs will immediately release the products on the market.
An applicant can make a written complaint to the customs. If the same has not been made after the Customs discover the infringing goods, the rights-holder has 04 days to file a request of detention.
The Commission shall ensure that the following information is required from the applicant in the application form:
(1) Details concerning the applicant;
(2) The status, within the meaning of Article 3, of the applicant;
(3) Documents providing evidence to satisfy the competent customs department that the applicant is entitled to submit the application;
(4) Where the applicant submits the application by means of a representative, details of the person representing him and evidence of that person’s powers to act as representative, in accordance with the legislation of the Member State in which the application is submitted;
(5) The intellectual property right or rights to be enforced;
(6) In the case of a Union application, the Member States in which customs action is requested;
(7) Specific and technical data on the authentic goods, including markings such as bar-coding and images where appropriate;
(8) The information needed to enable the customs authorities to readily identify the goods in question;
(9) Information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right or the intellectual property rights concerned, such as the authorised distributors;
(10) Whether the information provided in accordance with point (7), (8) or (9) of this paragraph is to be marked for restricted handling in accordance with Article 31(5);
(11) The details of any representative designated by the applicant to take charge of legal and technical matters;
(12) An undertaking by the applicant to notify the competent customs department of any of the situations laid down in Article 15;
(13) An undertaking by the applicant to forward and update any information relevant to the customs authorities’ analysis and assessment of the risk of infringement of the intellectual property right(s) concerned;
(14) An undertaking by the applicant to assume liability under the conditions laid down in Article 28;
(15) An undertaking by the applicant to bear the costs referred to in Article 29 under the conditions laid down in that Article;
(16) An agreement by the applicant that the data provided by him may be processed by the Commission and by the Member States; and
(17) Whether the applicant requests the use of the procedure referred to in Article 26 and, where requested by the customs authorities, agrees to cover the costs related to destruction of goods under that procedure.
No
There is no time-frame; however, such information should be delivered at the earliest.
Yes, it is centralized.
No
There is no such fee.
The application is granted for 01 year and can be renewed for an additional year. 
Yes
The customs authority suspends the clearance of imported goods upon finding that the goods may be infringing in nature.
As from 1st January 2019 (in application of the Order of 11th December 2018), the rights holder must reimburse Customs for the expenditures in managing, storing, handling, transporting, and destroying the goods suspected of being counterfeit.
Yes
Yes. In France, unlike other EU jurisdictions, such information can be used only to initiate legal proceedings. If the information is used for other purposes, the Customs can abrogate, suspend, or refuse to renew the customs request for intervention.
Yes
The applicant has 10 working days (or three working days in case of perishable goods) from the notice of the customs detention to confirm the infringing nature of the detained goods, ask for their seizure and destruction by Customs, or bring legal proceedings (civil or criminal proceedings or criminal complaint).
This 10-day period can be extended by an additional 10 working days on a duly justified request by the IP rights holder or authorised third party.
No
It is not needed in small/summary procedures for small consignments or where the owner of the counterfeit goods agrees to such order of destruction by the Customs.
No
N/A
The French customs authorities may automatically detain goods suspected of counterfeiting IP rights for up to 04 working days, during which time the rights holder can formally file an application for customs intervention. If the IP rights holder fails to file such an application in the four-day period, the French Customs will immediately release the products on the market.
They also destroy small consignments when the declarant or owner of the detained goods consented to their destruction or remained silent in the 10 working days period from the customs notifications. Indeed, in the latter case, the declarant or owner of the detained goods is deemed to have agreed to the destruction of the goods.
The rights holder is requested to file a formal application with the Customs where infringing goods are found suo moto by the Customs. Thereafter, the applicant may file a Civil or Criminal proceeding or complaint to decide upon the nature of the goods in question. Failure to act in accordance with the procedure laid shall lead to the release of goods.
No
None
Other documents may be required by the court..
Possible remedies awarded by the court include the destruction of goods.
No