Part Two: Industrial property

Any infringement of the rights of the owner of a design or model, as defined in articles L. 513-4 to L. 513-8, constitutes an infringement engaging the civil liability of its author. Facts subsequent to the filing, but prior to the publication of the registration of the design, cannot be considered to have infringed the rights attached thereto. However, where a copy of the application for registration has been notified…

The civil action for infringement shall be brought by the owner of the design. However, the beneficiary of an exclusive right of exploitation may, unless otherwise stipulated in the licence agreement, bring the action for infringement if, after formal notice, the owner of the design fails to bring such action. Any party to a licence agreement is entitled to intervene in infringement proceedings brought by another party in order to…

A civil action for infringement shall be barred after five years from the date on which the holder of a right knew or should have known of the last fact enabling him to exercise it.

Civil actions and claims relating to designs and models, including where they also concern a related question of unfair competition, shall be brought exclusively before the judicial courts, determined by regulation. The foregoing provisions shall not prevent recourse to arbitration under the conditions laid down in Articles 2059 and 2060 of the Civil Code.

An action for a declaration of invalidity of a design is not subject to any limitation period.

Infringement may be proven by any means. To this end, any person having standing to bring an infringement action is entitled to have carried out in any place and by any bailiffs, where appropriate assisted by experts appointed by the plaintiff, pursuant to an order made on request by the competent civil court, either the detailed description, with or without taking samples, or the actual seizure of the allegedly infringing…