Article 94 of this Law, to provide security to cover the expenses incurred in detaining the
goods at the customs.
94. Should the customs authorities establish, where appropriate after consultation with
the requester, that the goods do indeed correspond to those specified in his request, they shall
proceed to detain the goods.
The customs authorities shall immediately inform the requester and the importer of the
detention, and shall give them the opportunity of examining the goods that have been detained
and to take such samples therefrom as may be necessary for the analysis and testing that will
allow a pronouncement to be made on the truth of the infringement, in accordance with the
provisions of the Customs Code and without prejudice to the principle of the confidentiality
of information.
In the light of an order issued on request and for the purposes of the bringing of legal
actions, the customs authorities shall inform the requester of the names and addresses of the
exporter, importer and consignee of the goods, if known to them, and of the quantity of the
goods to which the request relates.
95. Provided that all customs formalities have been completed, the detention of the
goods shall be lifted as of right where the requester, within ten working days following
notification of the detention of the goods, fails to prove to the customs authorities that he has
taken civil or correctional action, that provisional measures have been ordered by the
president of the competent court, and where he fails to provide sufficient security to cover his
liability towards the persons concerned.
The amount of the security shall be fixed by the court.
In appropriate cases, the period mentioned in the first paragraph of this Article may be
extended by a maximum of ten working days.
The owner, importer or consignee of the goods shall have the right to have the detention
of the goods concerned lifted subject to the provision of security the amount of which shall be
fixed by the court and which shall be sufficient to protect the interests of the requester, on
condition that all customs formalities have been completed.
The owner, the importer and the consignee, and also the requester, shall be informed by
the customs authorities without delay of the lifting of the detention of the goods.
96. Where it proves, by virtue of a ruling that has become res judicata, that the goods
are indeed infringing goods, the court shall decide on the action to be taken regarding them,
namely:
— either their destruction under customs supervision;
— or their removal from trade circuits, provided that the rights of the owner of the
patent are not thereby prejudiced.
97. The customs authorities may on their own initiative suspend the customs clearance
of purportedly infringing goods.
In that case:
— the customs authorities shall immediately inform the owner of the patent or his
successors in title.
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