French Intellectual Property Code
In forceAny author of a work protected by Book I of this Part, his successors in title or his assigns may bring an infringement action. To this end, such persons shall be entitled to have any bailiffs, where appropriate assisted by experts appointed by the plaintiff, carry out, by order made on request by the competent civil court, either a detailed description, with or without taking samples, or the actual seizure of the allegedly infringing works and any documents relating thereto. The order may authorise the actual seizure of any document relating to the allegedly infringing works in the absence of the latter.
The court may order the detailed description or actual seizure of the materials and instruments used to unlawfully produce or distribute the works.
To this end, the court may order:
1° The seizure of copies constituting an unlawful reproduction of an intellectual work protected by Book I of this Part or of any copy, product, apparatus, device, component or means infringing the technological measures and information referred to, respectively, in articles L. 331-5 and L. 331-11;
2° The seizure, on any day and at any time, of copies constituting an unlawful reproduction of the work, already manufactured or in the process of being manufactured, or of copies, products, apparatus, devices, components or means, manufactured or in the process of being manufactured, infringing the technological measures and information referred to, respectively, in articles L. 331-5 and L. 331-11 respectively, of the revenue generated, as well as of unlawfully used copies;
3° The seizure of revenue from any reproduction, representation or dissemination, by whatever means, of an intellectual work, made in violation of the author's rights or resulting from an infringement of the technological measures and information mentioned, respectively, in articles L. 331-5 and L. 331-11 respectively;
4°The actual seizure of illicit works or products suspected of infringing a copyright or their delivery into the hands of a third party in order to prevent their introduction or circulation in commercial circuits.
The competent civil court may also order:
a) The suspension or postponement of public performances or performances in progress or already announced;
b) The suspension of any manufacture in progress tending towards the unlawful reproduction of a work or the achievement of an infringement of the technological measures and information mentioned, respectively, in Articles L. 331-5 and L. 331-11.
It may make the execution of the measures it orders subject to the provision by the plaintiff of guarantees intended to ensure the possible compensation of the defendant if the infringement action is subsequently deemed unfounded or the seizure annulled.
It may, in the same manner, order the measures provided for in this Article at the request of the holders of related rights defined in Book II of this Part.
