Rights Defense

The owner of an industrial design or model has the possibility to prove by all means the imitation of which he pretends to be victim.

He is also entitled to do, in an order of the presiding judge of the of infringement, by a bailiff, a detailed description, with or without seizure, of the allegedly infringing products. It can be made that the description with the assistance of a qualified expert. The execution of the said order can be subjected to a security by the applicant. In the same order, the presiding judge may authorize a bailiff, assisted by a qualified expert, who will be responsible for finding any useful observation to establish the origin, nature and extent of the infringement.

The same right is open to the licensee of an exclusive right of exploitation.

A default by the petitioner fails to court within a maximum period of thirty days from the date of the execution of the above order, the detailed description, with or without seizure null and void without prejudice to any damages.