Book V: Designs

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…

The court may order, of its own motion or at the request of any person with standing to bring an infringement action, all legally permissible investigative measures, even if a seizure for infringement has not previously been ordered under the conditions provided for in l’article L. 521-4.

If so requested, the court hearing the case on the merits or in summary proceedings under this Title may order, if necessary under a fine, in order to determine the origin and distribution networks of the allegedly infringing products that infringe the rights of the plaintiff, the production of any documents or information held by the defendant or by any person who has been found in possession of allegedly infringing…

Any person having standing to bring an infringement action may apply to the competent civil court for summary proceedings in order to obtain an order, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, for any measure intended to prevent imminent infringement of the rights conferred by the title or to prevent the continuation of acts alleged to be infringing. The competent…

In setting the damages, the court shall take into account separately: 1° The negative economic consequences of the infringement, including the loss of profit and loss suffered by the injured party; 2° The non-material damage caused to the injured party; 3° And the profits made by the infringer, including the savings on intellectual, material and promotional investments that the infringer has made as a result of the infringement. However, the…

In the event of a civil conviction for infringement, the court may order, at the request of the injured party, that the products recognised as infringing products, the materials and instruments used principally in their creation or manufacture be recalled from commercial channels, permanently removed from such channels, destroyed or confiscated for the benefit of the injured party. The court may also order any appropriate measure to publicise the judgment,…