Section 2: Counterfeiting litigation

Infringement of the trademark owner’s rights constitutes an infringement giving rise to civil liability on the part of the perpetrator. Infringement of the rights attached to the trademark constitutes violation of the prohibitions provided for in articles L. 713-2 to L. 713-3-3 and in the second paragraph of article L. 713-4.

Civil action for infringement shall be brought by the proprietor of the trade mark or by the licensee with the consent of the proprietor, unless otherwise stipulated in the contract. However, the beneficiary of an exclusive right of exploitation may bring an infringement action if, after formal notice, the proprietor fails to exercise that right within a reasonable period. A person entitled to use a guarantee or collective mark may…

An infringement action shall be inadmissible where, at the request of the defendant, the proprietor of the trade mark is unable to prove that: 1° That the trade mark has been put to genuine use in respect of the goods or services for which it is registered and which are relied on in support of the application, during the five years preceding the date on which the infringement action was…

An action brought in accordance with Regulation (EU) 608/2013 of 12 June 2013 by the trade mark proprietor on the basis of the provisions of Article L. 713-3-2 shall be inadmissible if, in the course of the proceedings to determine whether the registered trade mark has been infringed, the declarant or holder of the goods provides evidence that the registered trade mark proprietor does not have the right to prohibit…

An action for infringement brought by the proprietor of an earlier trade mark against a later trade mark shall be inadmissible: Where 1° Where the proprietor of the earlier trade mark has tolerated, for a period of five consecutive years, the use of the later trade mark with knowledge of such use and for the goods or services for which the use was tolerated, unless the application was made in…

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…

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, 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…

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 article L. 716-4-7.

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…