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procédure de description

English translation: Procedure for (seizure and) taking of a description

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
French term or phrase:procédure de description
English translation:Procedure for (seizure and) taking of a description
Entered by: Bashiqa
Options:
- Contribute to this entry
- Include in personal glossary

10:17 Nov 10, 2013
French to English translations [PRO]
Law/Patents - Law (general) / Court procedures
French term or phrase: procédure de description
Still with excel file
procédure de description

Again this is following infringement of intellectual property but against a different company.
TIA Chris.
Bashiqa
France
Local time: 06:03
Procedure for (seizure and) taking of a description
Explanation:
Under French law, the saisie-contrefaçon is a means of proof of the infringement and, more generally, any violation of an intellectual property right. This procedure permits the holder of the intellectual property right, upon receiving the authorisation of a judge, to call upon a bailiff (in certain cases, a police commissioner or a judge) to record an infringement. In France, the saisie-contrefaçon is one of the most widely used means of obtaining evidence of the existence and extent of an infringement of intellectual property rights.

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Note added at 2 hrs (2013-11-10 12:31:50 GMT)
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See also a previous KudoZ question

http://www.proz.com/kudoz/french_to_english/law:_patents_tra...

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Note added at 2 hrs (2013-11-10 12:33:57 GMT)
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The procedure is covered in Article 615-5 of the French Inellectual Property Code

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Note added at 2 hrs (2013-11-10 12:52:12 GMT)
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Article L615-5
The owner of a patent application or the owner of a utility certificate application or the owner of a patent or of a utility certificate shall have the possibility of furnishing proof by any means whatsoever of the infringement of which he claims to be a victim.

He shall further be entitled, on an order given by the President of the First Instance Court of the place of thepresumed infringement, to direct any bailiff, accompanied by experts of his own choice, to proceed with a detailed description, with or without effective seizure, of the allegedly infringing articles or processes. Such order shall be provisionally enforced. It may be subjected to a security on the part of the plaintiff. In that same order, the President of
the Court may authorize the bailiff to carry out any enquiry required to ascertain the origin, nature and scope of the infringement.

The same right shall be enjoyed by the licensee of an exclusive right of working under the conditions laid down in the second paragraph of Article L. 615-2 and in the fourth paragraph of Article L615-2, by the holder of a license of right, a compulsory license or an ex officio license in accordance with Articles L613-10, L613-11, L613-15, L613-17 and L613-19.

If the petitioner fails to institute proceedings before a Court within a term of 15 days, the seizure shall automatically be void, without prejudice to any damages.
Selected response from:

AllegroTrans
United Kingdom
Local time: 05:03
Grading comment
Merci.
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1(formal) description of the procedure
SafeTex
4 +1Procedure for (seizure and) taking of a description
AllegroTrans
4Description of the modes of operation
Manoj Chauhan
3(IP> Anton Piller Order-type) searched-&-seized goods listing processxxxAdrian MM.


  

Answers


1 hr   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
(formal) description of the procedure


Explanation:
The references seem to suggest that there is a formal procedure to respect to describe the intellectual property copied (or goods imitated) although none of the references give the actual procedure.

The first entry in Linguee

http://www.linguee.fr/anglais-francais/traduction/descriptio...

gives the above and it is more or less what I had in mind too


    Reference: http://www.lextenso-editions.fr/ouvrages/document/233809467
    Reference: http://www.europe-eje.eu/fiche-thematique/fiche-5-profession...
SafeTex
France
Local time: 06:03
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 48

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: If it is the procedure for the taking of a description it can hardly be a description of a procedure, think about it...
46 mins

agree  GILOU
4 hrs
Login to enter a peer comment (or grade)

2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Procedure for (seizure and) taking of a description


Explanation:
Under French law, the saisie-contrefaçon is a means of proof of the infringement and, more generally, any violation of an intellectual property right. This procedure permits the holder of the intellectual property right, upon receiving the authorisation of a judge, to call upon a bailiff (in certain cases, a police commissioner or a judge) to record an infringement. In France, the saisie-contrefaçon is one of the most widely used means of obtaining evidence of the existence and extent of an infringement of intellectual property rights.

--------------------------------------------------
Note added at 2 hrs (2013-11-10 12:31:50 GMT)
--------------------------------------------------

See also a previous KudoZ question

http://www.proz.com/kudoz/french_to_english/law:_patents_tra...

--------------------------------------------------
Note added at 2 hrs (2013-11-10 12:33:57 GMT)
--------------------------------------------------


The procedure is covered in Article 615-5 of the French Inellectual Property Code

--------------------------------------------------
Note added at 2 hrs (2013-11-10 12:52:12 GMT)
--------------------------------------------------

Article L615-5
The owner of a patent application or the owner of a utility certificate application or the owner of a patent or of a utility certificate shall have the possibility of furnishing proof by any means whatsoever of the infringement of which he claims to be a victim.

He shall further be entitled, on an order given by the President of the First Instance Court of the place of thepresumed infringement, to direct any bailiff, accompanied by experts of his own choice, to proceed with a detailed description, with or without effective seizure, of the allegedly infringing articles or processes. Such order shall be provisionally enforced. It may be subjected to a security on the part of the plaintiff. In that same order, the President of
the Court may authorize the bailiff to carry out any enquiry required to ascertain the origin, nature and scope of the infringement.

The same right shall be enjoyed by the licensee of an exclusive right of working under the conditions laid down in the second paragraph of Article L. 615-2 and in the fourth paragraph of Article L615-2, by the holder of a license of right, a compulsory license or an ex officio license in accordance with Articles L613-10, L613-11, L613-15, L613-17 and L613-19.

If the petitioner fails to institute proceedings before a Court within a term of 15 days, the seizure shall automatically be void, without prejudice to any damages.


AllegroTrans
United Kingdom
Local time: 05:03
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 962
Grading comment
Merci.

Peer comments on this answer (and responses from the answerer)
agree  Daryo
58 mins
  -> thank you
Login to enter a peer comment (or grade)

13 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
(IP> Anton Piller Order-type) searched-&-seized goods listing process


Explanation:
A different spin on Allegro's idea>

IATE's website:

FR

procédure judiciaire de saisie-description
In the UK, the 'description' of the counterfeit goods seized is not at the forefront of the process.

EN

a judicial procedure known as "distraint-description"

Before the 1999 Lord Woolf E&W civil justice reforms, search & seize warrants, used not only in copyright-infringing goods cases, was called an Anton Piller order. An Affidavit used to be the way the Solicitors specified the allegedly offending goods.





Example sentence(s):
  • Definition of ANTON PILLER ORDER: When the plaintiff must allow a defendant on their property, view evidence, and answer questions of the court. thelawdictionary.org/anton-piller-order
xxxAdrian MM.
Local time: 06:03
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 858

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: yer spinnin' round 't pillar here lad
18 hrs
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19 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
Description of the modes of operation


Explanation:
.

Manoj Chauhan
India
Local time: 09:33
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
neutral  AllegroTrans: Have you refs. to back up your high level of confidence?
12 hrs
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