Industrial Property Law

The proprietor of a design can bring a civil and criminal action for infringement against anyone making improper use of the creation. Infringement proceedings underwent major reform following the adoption of Directive No 2004/48 of 29 April 2004, which sought to harmonize the various industrial property regimes within the EU. The Law of 29 October 2007 , which transposed the directive, introduced new precautionary and evidentiary measures, interim measures to prevent imminent infringement of design rights and to prevent the continuation of allegedly infringing acts, measures relating to the assessment of damages and the publication of judgments as an additional deterrent, and mechanisms for cooperation and information exchange between Member States. The Law of 11 March 2014 , supplemented by the Decree of 19 December 2014 , amended the method of assessing damages for victims of infringement and the rules of evidence of infringement, and brought all the statutes of limitation in the Intellectual Property Code into line with the ordinary civil law five-year time-limit. To make it easier for the rightholder to bring a criminal suit following a customs detention, counterfeit seizure or interim measures, it introduced the possibility for the complainant to lodge a simple complaint with the public prosecutor. Lastly, the Law of 3 June 2016  significantly increased the applicable sanctions.

The fight against counterfeiting is also ensured by customs law, whether at international or European level. Articles 51 et seq. of the TRIPS Agreement lay down the requirements for border measures to be adopted by Member States, such as the suspension by customs authorities of the release of goods, the right of inspection and information, or remedial measures. EU law very early on laid down rules enabling the Member States to prohibit the release of counterfeit goods into circulation (Reg. No 3842/86, repealed and replaced by Reg. No 3295/94). Regulation No 1383/2003, followed by Regulation 608/2013, set out the conditions and procedures for customs authorities to intervene in the event of counterfeit goods circulating within the EU. The rules apply to goods which, according to EU customs legislation, are subject to customs supervision or control, and establish a control system to ensure that these goods respect intellectual property rights at the border .

Finally, holders of design rights can bring an action for unfair competition to protect their title from infringement by competitors. In addition to protecting a private right, this action, which aims to ensure open and fair competition, enables the victim of practices contrary to the rules of trade to sue the perpetrator for civil liability.

Law No 2007-1544 of 29 October 2007 on the fight against counterfeit goods, OJ of 30 October 2007.

Law No 2014-315 of 11 March 2014, reinforcing the fight against counterfeiting, OJ of 12 March 2014.

Decree No 2014-1550 of 19 December 2014 implementing Law No 2014-315 of 11 March 2014 reinforcing the fight against counterfeiting, OJ No 0295 of 21 December 2014.

Law No 2016-731 of 3 June 2016 strengthening the fight against organized crime, terrorism and their financing, and improving the effectiveness and guarantees of criminal procedure, OJ No 0129 of 4 June 2016

Law No 2014-315 of 11 March 2014 amended the Intellectual Property Code to take account of the enhanced means of action available to customs authorities.

495. Protection of design