What does seizure for counterfeiting mean?

The procedure of ‘distraint-description’ can greatly facilitate the proof of infringement. Descriptive seizure should be ordered by the competent court of the place where the alleged counterfeiting occurs.

The harmed patentee or their rightsholders turn to the court by petition to obtain that one or more experts are assigned to describe the counterfeit items and counterfeit means at their owner’s premises. This owner may be prohibited from disposing of the described items.

The holder of the patent right is free to request this procedure or not. Proof of counterfeiting can also be provided by other means.

Seizure measures may be authorised only if both the rights of the appellant as the infringement of these rights are established with sufficient certainty. Even if this is the case, the judge does not automatically need to order the seizure measures.

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