Industrial Property Law

The summary procedure (procédure de référé) referred to in Article L. 716-4-6 falls under Articles 484 to 492 of the Code of Civil Procedure. Subject to the principle of adversarial proceedings, it is not subject to the prior service of a writ on the alleged infringer. The court's summary judgment order, if any, is provisionally enforceable by operation of law.
The Law of 4 January 1991 provided t …

Summary procedure

The summary procedure (procédure de référé) referred to in Article L. 716-4-6 falls under Articles 484 to 492 of the Code of Civil Procedure. Subject to the principle of adversarial proceedings, it is not subject to the prior service of a writ on the alleged infringer. The court's summary judgment order, if any, is provisionally enforceable by operation of law.

The Law of 4 January 1991 provided that the application for a prohibition measure or for the constitution of a guarantee had to be made “in the form of summary proceedings”, i.e. under the conditions provided for in former Articles 492-1, 808 and 809 of the Code of Civil Procedure (former Article L. 716-6 IP Code) . The order rendered by the interim relief judge did not benefit from the provisional execution by operation of law attached to provisional orders , unless a special judgment was issued by that judge. The summary 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 within a short period of time from the applicant's awareness of the facts on which it was based. The court also had to determine whether there was urgency or a manifestly unlawful disturbance (trouble manifestement illicite). These requirements ceased to exist following Law No 2007-1544 of 29 October 2007, which replaced this process with the summary procedure.

The procedure “in the form of summary proceedings” has been replaced by the “accelerated procedure on the merits”, provided for in Article 481-1 of the Code of Civil Procedure, by the reform brought about by Decree No 2019-1419 of 20 December 2019 issued in application of Ordinance No 2019-738 of 17 July 2019.

A Court of Cassation ruling had nevertheless held that an order made in the form of summary proceedings benefited from provisional execution as of right, but the measure in question was ordered for the course of the proceedings, and therefore subject to the specific provision of former Article 514, para. 2, (current Article 514-1, para. 3) of the Code of Civil Procedure: Cass. com., 8 April 2008, LawLex202200003785JBJ.

Industrial Property Law

157. Summary procedure

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Les notions juridiques connexes

157. Summary procedure

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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