Industrial Property Law

Civil actions and claims relating to national trademarks, other than claims for invalidity or revocation, including related unfair competition matters, fall under the exclusive jurisdiction of the judicial court (tribunal judiciaire) (Art. L. 716-5, II IP Code). The list of territorially competent courts is established by decree .
According to the principle of territorial jurisdiction under ordina …

Competent courts

Civil actions and claims relating to national trademarks, other than claims for invalidity or revocation, including related unfair competition matters, fall under the exclusive jurisdiction of the judicial court (tribunal judiciaire) (Art. L. 716-5, II IP Code). The list of territorially competent courts is established by decree .

According to the principle of territorial jurisdiction under ordinary law, the plaintiff may choose to commence the infringement action before the court of the domicile of the defendant or of one of the defendants (Art. 42 Code of Civil Procedure), the court within whose jurisdiction the acts of infringement were committed, or the court of the place where the damage occurred (Art. 46 Code of Civil Procedure). When the act of infringement is carried out on the internet, the damage is deemed to have occurred, within the meaning of Article 46, at the place where the internet site presenting the products under an allegedly infringing trademark is accessible, even if the products cannot be ordered online on the site .

Where the dispute is between nationals of two or more Member States of the EU, jurisdiction is determined in accordance with Regulation No 1215/2012 of 12 December 2012 . The competent courts are those of the Member State of the place where the harmful event occurred or may occur (Art. 7(2)). The question of territorial jurisdiction linked to the occurrence of the harmful event may raise difficulties in the case of an infringement on an internet site hosted in another country. In this case, the jurisdiction of the French courts cannot be inferred from the mere accessibility of the site on the French territory, but requires that the site in question be aimed at the French public . The courts take into particular consideration the fact that the entry of keywords in connection with the trademarks concerned directs French internet users to the site concerned . The jurisdiction of the French courts is excluded if the goods are not available in France , if the disputed commercial links point to sites intended for the German, British and Canadian English-speaking public, or if the sites at issue themselves refer to foreign sites, exclusively written in English and German, and if no economic impact on the French public is established .

It includes the courts of Bordeaux, Lille, Lyon, Marseille, Nanterre, Nancy, Paris, Rennes, Strasbourg and Fort-de-France, each with its specific area of competence (Art. D. 716-12 IP Code and Art. D. 211-6-1 of the  Judicial Organization Code).

Cass. com, 23 June 2021, LawLex202200003516JBJ.

Regulation No 1215-2012 of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, which since 10 January 2015 replaces Regulation No 44-2001 of 22 December 2000. 

Cass. com, 13 July 2010, LawLex2010000864JBJ; Cass. com, 29 March 2011, LawLex202200004340JBJ; Cass. com, 20 September 2011, LawLex202200004338JBJ.

Cass. com. 7 December 2010, LawLex201000001379JBJ.

Cass. com, 11 January 2005, LawLex202200004339JBJ.

Cass. com, 23 November 2010, LawLex201000001286JBJ.

Industrial Property Law

144. Competent courts

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144. Competent courts

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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