the exception however of acts subsequent to the communication to the alleged infringer of an
official copy of the description of the invention attached to the patent application.
Article 64
Infringement Seizure
(1) Owners of patents may, acting in pursuance of an order from the president of the
civil court within whose jurisdiction the action is to be taken, engage bailiffs or public or
ministerial officials, including customs officials, if necessary with the aid of an expert, to
make a detailed inventory and description, with or without seizure, of allegedly infringing
objects.
(2) The order shall be made on request and on presentation of the patent.
(3) Where seizure is involved, the said order may require the complainant to furnish
security, which he shall be required to provide before seizure is effected. The security shall
be sufficient but not such as would discourage recourse to the procedure.
(4) Security shall always be required of foreigners seeking seizure.
(5) The person in possession of the objects described or seized shall be given a copy of
the order and, where appropriate, of the document attesting the deposit of security, on pain of
invalidity and damages against the bailiff or the public or ministerial official or the customs
official, as the case may be.
Article 65
Time Limit for Initiating Substantive Proceedings
Should the complainant fail to take action under either civil or criminal law within a
period of 10 working days from the seizure or inventory, the said seizure or inventory shall
become void as of right, without prejudice to any damages that may be claimed.
Article 66
Burden of Proof
For the purposes of the civil procedure for violation of the owner’s rights referred to in
Article 1, if the subject matter of the patent is a process for making a product, the judicial
authority shall be authorized to order the defendant to prove that the process used to make an
identical product is different from the patented process in one of the following situations:
(a) the product made by the process is new;
(b) there is a strong probability of the identical product having been made by means of
the process and of the owner of the patent having been unable, in spite of reasonable effort, to
establish what process was actually used.
Article 67
Other Sanctions
(1) The confiscation or destruction of recognized infringing objects and, where
necessary, that of implements or tools specially intended for their manufacture shall, even in
the case of acquittal, be ordered against the infringer, the receiver, the introducer or the
retailer.
(2) The objects confiscated may be handed over to the owner of the patent, without
prejudice to the right to further damages and publication of the judgment, where appropriate.