Actions for infringement under this section shall be barred after five years from the day on which the owner of a right knew or should have known of the last fact enabling him to exercise it. .
There is no limitation period for an action for invalidity of a patent.
Any person who can prove industrial exploitation on the territory of a Member State of the European Economic Community or effective and serious preparations to that effect may invite the proprietor of a patent to take a position on the enforceability of his title in respect of such exploitation, the description of which is communicated to him. If the said person contests the reply made to him or if the…
When an invention, which is the subject of a patent application or patent, is exploited for national defence purposes by the State or its suppliers, subcontractors and subcontractors, without an exploitation licence having been granted to them, the civil action shall be brought before the council chamber of the judicial court. The latter may not order either the cessation or interruption of exploitation or the confiscation provided for in Articles…
Any person who improperly claims to be the owner of a patent or patent application shall be liable to a fine of €7,500.
Without prejudice, where appropriate, to the more serious penalties laid down in relation to offences against State security, anyone who has knowingly infringed one of the prohibitions laid down in articles L. 612-9 and L. 612-10 is punishable by a fine of 4,500 euros. If the infringement has been detrimental to national defence, a prison sentence of between one and five years may also be imposed. .
1. Knowingly infringing the rights of the owner of a patent, as defined in Articles L. 613-3 to L. 613-6, shall be punishable by three years’ imprisonment and a fine of 300,000 euros. When the offence has been committed in an organised gang or on an online public communication network or when the acts involve goods that are dangerous to human or animal health or safety, the penalties are increased…
If the offences defined in Article L. 615-14, or if the offender is or has been bound by agreement with the injured party, the penalties incurred are increased to double. The offenders may, in addition, be deprived for a period not exceeding five years of the right to be elected and to stand as a candidate for the commercial courts, the territorial chambers of commerce and industry and the chambers…
Natural persons guilty of the offence provided for in Article L. 615-14 may also be ordered, at their own expense, to remove from commercial channels the objects deemed to be infringing and any thing that has served or was intended to commit the infringement. The court may order the destruction at the expense of the convicted person or the delivery to the injured party of the objects and things removed…
Corporate entities held criminally liable, under the conditions set out in article 121-2 of the Criminal Code, of the offence defined in Article L. 615-14 shall, in addition to a fine in accordance with article 131-38 of the French Criminal Code, be subject to the penalties set out in the’article 131-39 of the same code. The prohibition mentioned in 2° of article 131-39 of the same code relates to the…
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
