Saisie-contrefaçon, the reference book, trilingual version
The saisie-contrefaçon is a means of proof of the violation of intellectual property rights. It has existed under French law for several centuries, and was recently incorporated into the national law of all European countries. This procedure makes it possible to search, describe and, in certain cases, seize the articles suspected of infringement.
The saisie-contrefaçon was adopted by the 19 February 2013 Agreement on a Unified Patent Court under the name of "Measure to preserve evidence and to inspect premises".
The saisie-contrefaçon, an invaluable means of proof in the service of innovation and creation, may be carried out by the holders of industrial property rights (patents, supplementary protection certificates, plant variety rights, geographical indications, trademarks, topographies of semiconductor products, and designs) as well as holders of literary and artistic property rights (copyright, software and databases).
This book examines all the aspects of the saisie-contrefaçon in detail: the rights that may be relied upon to obtain authorisation for a saisie-contrefaçon, the means by which one is carried out, the related difficulties and the causes of nullity.
It includes a chapter that provides an international perspective on the saisie-contrefaçon.
The Belgian saisie-description is also presented.
The applicable texts as well as the cited case law are reproduced in the Annex.
This book will be useful to judges, attorneys-at-law, patent attorneys, bailiffs and experts, who have key roles to play in the saisie-contrefaçon; it will also be useful to those in charge of the legal and industrial property services of companies that find themselves the initiators or the targets of a saisie-contrefaçon.
Presentation of the authors, translators, etc.
The authors are specialists in the field of industrial property litigation: Pierre Véron, Isabelle Romet, Thomas Bouvet and Sabine Agé (Véron & Associés, Paris and Lyon), Nicolas Bouche, (Senior lecturer at Université Jean-Moulin Lyon 3), and Fernand de Visscher (Simont Braun, Brussels).
The trilingual version exists thanks to the work of the legal translators of the law firm Véron & Associés, Peggy Decock-Caveng, Catherine Strophair and Sophie Vaugon and of Naomi Levin, Sonja Scherer and Dieter Stauder, translators and revisers.
For whom is this book intended?
"Saisie-contrefaçon" will be useful to judges, attorneys-at-law, patent attorneys, bailiffs and experts, who have key roles to play in the saisie-contrefaçon; it will be also useful to those in charge of the legal and industrial property services of companies that find themselves the initiators or the targets of a saisie-contrefaçon.