Have you received a letter of formal notice concerning the infringement of a competitor’s patent, design or trademark? This competitor may decide to carry out an infringement seizure on your premises to obtain evidence of the infringement. So it is paramount to be prepared and have the right reflexes in case your competitor sends a bailiff to your door.
Here are the right reflexes to have:
Call your attorney
As soon as the bailiff arrives, do not hesitate to call your IP attorney or lawyer to let him/her know, and if necessary, to ask for assistance during the seizure. In fact, you have every right to be assisted by an IP attorney during the seizure. The latter will be able to ensure that the bailiff and any assistants remain within the limits of the order and do not abuse the authorization issued by the judge.
Carefully read the order
When the bailiff arrives, he/she must introduce himself/herself and his/her assistant(s), provide you with a copy of the order and give you time to read it. Take the time to read the order and its terms carefully, as this will determine the limits and scope of the counterfeit seizure. The bailiff must follow the authorizations given by the judge and cannot deviate from them.
Do not go beyond the bailiff’s requests
While you have no right to interfere with the bailiff’s work, you are under no obligation to make his/her job easier. When he/she questions you, you must of course answer, but you are under no obligation to say more than what is necessary. Keep things as simple as possible and avoid any unsolicited statements that could backfire.
Request a statement of any incident or problem
If you observe any problems or breaches of the terms of the order, ask the bailiff to take note of them. Such problems or breaches could later be used to have the seizure canceled.
Prevent seizure of documents covered by professional secrecy
The bailiff is not allowed to seize confidential e-mails, letters and studies from your attorney or lawyer. Remain vigilant on this point throughout the seizure.
Get the seizure report
At the end of the seizure, the bailiff must give you the seizure report, either on the day of the counterfeit seizure or in the days that follow. Do not hesitate to send it to your IP attorney, as this will enable him/her to identify the various elements that could make it possible to have the counterfeit seizure at least partially canceled.
In any case, the entire Brandon IP team is at your disposal to help you prepare for a suspected counterfeit seizure, assist you when such a seizure takes place, advise you after such a seizure has taken place and/or, of course, help you organize a seizure from a suspected counterfeiter.
See also:
- Drafting, filing and enforcing a patent
- Provide evidence of infringement by infringement seizure
- Disputes: defend your intellectual property rights
