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Article L716-6

Amended by LOI n°2014-315 of 11 March 2014 - art. 11
Any person who has the capacity to act in counterfeit may refer to the competent civil court in order to order, if necessary, against the alleged counterfeit or intermediaries he uses the services, any measure intended to prevent an impending infringement of the rights conferred by the title or to prevent the prosecution of acts of counterfeiting. The competent civil court may also order any urgent action upon request where the circumstances require that such measures be not taken contradictoryly, including where any delay would cause irreparable harm to the applicant. If the evidence, reasonably accessible to the applicant, makes it likely that it is infringed on his or her rights or that such an infringement is imminent, the court may order the measures requested.
The court may prohibit the prosecution of acts of counterfeiting, subordinating it to the establishment of guarantees to ensure the applicant's possible compensation or ordering the seizure or handover into the hands of a third party of the products suspected of violating the rights conferred by the title, to prevent their introduction or circulation in the commercial circuits. If the applicant warrants circumstances that would jeopardize the recovery of damages, the court may order the provisional seizure of the furniture and real property of the alleged counterfeit, including the blocking of its bank accounts and other assets, in accordance with the common law. To determine assets that may be subject to seizure, it may order the disclosure of bank, financial, accounting or commercial documents or access to relevant information.
It may also grant a provision to the applicant when the existence of its injury is not seriously questionable.
Referred or on request, the court may order the enforcement of the measures ordered by the plaintiff to establish guarantees to ensure the possible compensation of the defendant if the counterfeit action is subsequently deemed unfounded or the measures cancelled.
Where the measures taken to stop an infringement of rights are ordered prior to the commencement of action on the merits, the applicant must, within a prescribed time limit, either seek civil or criminal proceedings or file a complaint with the public prosecutor. If the defendant fails to, at the request of the defendant and without the defendant having to justify his application, the ordered measures are cancelled without prejudice to any damages that may be claimed.