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…
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 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…
I.-The following may only be brought before the Institut national de la propriété industrielle: 1° Applications for a declaration of invalidity based exclusively on one or more of the grounds listed in Article L. 711-2, in points 1 to 5, 9 and 10 of the I of Article L. 711-3, in point III of the same Article and in Articles L. 715-4 and L. 715-9; 2° Claims for forfeiture based…
The provisions of article L. 716-5 do not prevent recourse to arbitration, under the conditions provided for in articles 2059 and 2060 of the Civil Code.
In addition to the cases provided for by the Community regulations in force, the customs administration may, at the written request of the holder of a registered trade mark or the beneficiary of an exclusive right of exploitation, accompanied by proof of his right, detain as part of its controls the goods that he claims constitute an infringement. This detention shall be notified immediately to the applicant and the holder….
In the absence of a written request from the proprietor of a registered trademark or the beneficiary of an exclusive right of exploitation and outside the cases provided for by the Community regulations in force, the customs administration may, as part of its controls, detain goods likely to infringe a registered trademark or an exclusive right of exploitation. This detention shall immediately be notified to the proprietor of the registered…
I.-Where the detention of goods suspected of infringing a registered trade mark, as provided for by current Community regulations, is implemented before an application for action by the proprietor of the registered trade mark or the beneficiary of an exclusive right of exploitation has been filed or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform this holder or beneficiary of the…
During the withholding period referred to in Article L. 716-8 and in the second paragraph of I of Article L. 716-8-2, the owner of the registered trademark or the beneficiary of the exclusive exploitation right may, at his request or at the request of the customs administration, inspect the goods detained. When inspecting the goods detained, the customs administration may take samples. At the request of the proprietor of 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
