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Enforcement of IPRs in France


Enforcement of IPRs
Cheaper value for luxury products and enhanced accessibility are the causes of counterfeiting and piracy in France.
Among the things most typically copied in France are luxury products such as perfumes and watches, football shirts, medication, and artworks.
The Intellectual Property Code deals with enforcement of IPRs in France.
Patents, Designs, Trademarks, Copyright, and Plant Varieties are the different types of IPRs protected by IPR enforcement in France.
Representation by an attorney is mandatory in civil proceedings.
Representation by an attorney is not mandatory, but is highly advisable in cases of criminal enforcement.
Yes. An infringement action must be brought within 03 (Criminal) and 05 (Civil) years of the infringement.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
The procedure before courts of first instance lasts on average 01 to 02 years from writ of summons to judgment. The summary procedure lasts on an average about 04 to 05 months from writ of summons to ruling.
In France, punitive damages are forbidden; damages are allowed only to repair the harm suffered.
A) Responsible Authority - Only nine first instance courts have subject-matter jurisdiction over infringement of French national trademarks: Bordeaux, Lille, Lyon, Marseille, Nanterre, Nancy, Paris, Rennes and Strasbourg in mainland France, and Fort-de-France in Martinique.
B) Imprisonment Term - Trademarks: up to 04 years, copyright: up to 05 years; patents: up to 03 years
C) Monetary Fine - Trademark: €400,000 (Natural person), up to 02 million (Legal person); copyright: EUR 500,000; patent: up to €300,000
Arbitration is available only when the parties have agreed to it in an arbitration agreement stating all the necessary details, including designation and number of arbitrators, language, timeline, and confidentiality. In practice, it is difficult for a trademark owner and an infringer to reach such an agreement. Mediation is rare in French IP disputes.
The remedies available under border control measures (customs) in France include the destruction of goods.
The holder of the decisions must bear the costs of customs intervention during enforcement.
The goods may be released from detention if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court proceedings