The Whole Truth And Nothing But The Truth: Failing To Provide The Judge Authorising A Saisie With All The Relevant Information May Have Serious Consequences

Published date21 March 2024
Law FirmGowling WLG
AuthorAlexis Augustin and Céline Bey

In France, and now before the Unified Patent Court (UPC) as well, a saisie is the instrument par excellence needed for when proving infringement. Although highly effective, it is strictly regulated due to its invasive nature and the fact that the procedure for obtaining it is in principle non-adversarial. In France, in addition to an ad hoc legal framework, case law, and particularly the Cour de cassation (French Supreme Court) has, over the years, laid down obligations that the applicant is required to comply with.

In case of failing the obligations, he risks having its authorisation withdrawn or its saisie revoked after several years of proceedings, and thus being deprived of any proof of infringement. These obligations include the duty of loyalty. In a decision issued on 6 December 2023, the Cour de cassation has recalled that, while a rights holder does not have to justify any special circumstances to obtain authorisation to carry out a saisie (it only must show that it has standing to sue and...

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