Industrial Property Law

The interim procedure (procédure de référé) under Article L. 615-3 of the Intellectual Property Code is governed by Articles 484 to 492 of the Code of Civil Procedure. Subject to the adversarial principle, it is not subject to a preliminary writ of summons against the alleged infringer. Where appropriate, the court's interim order is automatically provisionally enforceable. It may be appealed unde …

Expedited procedure

The interim procedure (procédure de référé) under Article L. 615-3 of the Intellectual Property Code is governed by Articles 484 to 492 of the Code of Civil Procedure. Subject to the adversarial principle, it is not subject to a preliminary writ of summons against the alleged infringer. Where appropriate, the court's interim order is automatically provisionally enforceable. It may be appealed under ordinary civil law conditions (Art. 490, para. 1, Code of Civil Procedure).

The Law of 2 January 1968  stipulated that applications for injunctions or guarantees had to be made “in interim proceedings”, i.e. under the conditions laid down in the former Articles 492-1, 808 and 809 of the Code of Civil Procedure. The order issued by the interim applications judge was not automatically provisionally enforceable, unless the court had issued a special ruling. The interim procedure required that the applicant first sue the alleged infringer on the merits, that the action be serious in nature and that it be initiated shortly after the applicant became aware of the facts on which it was based. The court also had to determine whether the action was a matter of urgency or manifestly unlawful. These requirements disappeared with Law No 2007-1544 of 29 October 2007, which put in place a renewed interim procedure .

Interim proceedings may be sought by the proprietor of a right conferred by a patent which has expired on the date of the first court's ruling, to compensate for harm caused by allegedly infringing acts prior to the expiry of the title .

Law No 68-1 of 2 January 1968 on patents for inventions, OJ of 3 January 1968.

Cass. com. 8 December 2009, LawLex202200003786JBJ, which specifies that if a summons is filed in summary proceedings, the presiding judge of the judicial court does not have the power to issue an interim ruling, even if the plaintiff cites Article L. 615-3 of the Intellectual Property Code.

Cass. com., 21 October 2014, LawLex202200001356JBJ.

Industrial Property Law

405. Expedited procedure

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405. Expedited procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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