Chapter II: Litigation

Any infringement of a geographical indication in violation of the protection granted to it by European Union law or national legislation shall constitute an infringement giving rise to liability on the part of the infringer. For the purposes of this Chapter, “geographical indication” means: a) The designations of origin defined in Article L. 115-1 of the Consumer Code; b) Geographical indications defined in Article L. 721-2; c) Designations of origin…

A civil action for infringement shall be brought by any person authorised to use the geographical indication concerned or any body whose task it is under the law to defend geographical indications. Any person mentioned in the first paragraph shall be entitled to intervene in proceedings brought by another party for infringement.

Any person having standing to bring an infringement action may apply to the competent civil court for summary proceedings to have ordered, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, any measure intended to prevent an imminent infringement of a geographical indication or to prevent the continuation of allegedly infringing acts. The competent civil court may also order any urgent measures…

Infringement may be proved by any means. To this end, any person having standing under this title shall be entitled to have carried out at any place and by any bailiffs, where appropriate assisted by experts appointed by the plaintiff, by virtue of 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 set out in l’article L. 722-4.

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

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 found to be infringing and the materials and implements 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…

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