"Laboratoires Vivacy v. Teoxane": Decision of the Court of Cassation of France (Cour de cassation) 1 February 2023-Case No. S 21-22.225; ECLI:FR:CCASS:2023:CO00095

1. Pursuant to the final paragraph of Art. R. 615-2 of the French Intellectual Property Code, a presiding judge who authorises saisie-contrefacon proceedings may order the interim sequestration of the documents seized to ensure that trade secrets are respected. 2. Other measures, such as placement under seal, which is different to, and more protective than seizure, cannot be ordered. 3. The presiding judge ruling on an application for saisie-contrefacon proceedings does not have discretionary powers to only resort, as needed, to the special interim sequestration procedure to ensure the protection of trade secrets of the party against which the order has been made.