The rights conferred by the registration of a design shall not be exercised: a) On equipment installed on board ships or aircraft registered in another country when they temporarily enter French territory; b) On the importation into France of spare parts and accessories for the repair of such ships or aircraft or on the occasion of such repair.
The rights conferred by the registration of a design shall not extend to acts relating to a product incorporating that design, where that product has been put on the market in the European Community or in the European Economic Area by the proprietor of the design or with his consent.
Decrees in the Council of State shall, where necessary, lay down the conditions for the application of this book.
Regulations specific to certain industries may prescribe the measures necessary to enable industrialists to have their priority of use of a design established, in particular by the keeping of private registers subject to approval by the National Institute of Industrial Property.
Any infringement of the rights defined in Article 19 of Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs constitutes an infringement giving rise to civil liability on the part of the infringer.
The executory clause provided for in Article 71(2) of the Regulation referred to in Article L. 515-1 shall be affixed by the Institut national de la propriété industrielle.
Any infringement of the rights of the owner of a design or model, as defined in articles L. 513-4 to L. 513-8, constitutes an infringement engaging the civil liability of its author. Facts subsequent to the filing, but prior to the publication of the registration of the design, cannot be considered to have infringed the rights attached thereto. However, where a copy of the application for registration has been notified…
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.
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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
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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
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