Monday, July 5 2021   \  Published by Lexology.

Spotlight: IP rights enforcement in France

Spotlight: IP rights enforcement in France

An extract from The Intellectual Property Review, Edition 10.

Enforcement of rights

i. Possible venues for enforcement

Patent enforcrmrnt in France is for courts to ascertain. The civil First Instance Court of Paris has exclusive jurisdiction over patent cases, 20 as well as Community trademarks and designs. This allows for some harmonisation of case law at forst-instance level.

In theory, upon a showing of intent, infringement amounts to an offence, 22 allowing a case to be brought before the criminal courts. The same is true with registered trademarks, registered designs and author rights. 

The administrative route before the INPI is open for cancellation against French designs or French trademarks regarding statutorily listed grounds. Other grounds of nullity are still the exclusive jusrisdiction of judicial courts. 

Starting in April 2020, the INPI is also in charge of opposition proceedings by third parties against French patents examined and granted by the INPI. Continue Reading


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