Industrial Property Law

Since the entry into force of Law No 2017-242 of 27 February 2017 , which doubled the time-limits on criminal statutes of limitation for both felonies (crimes) and misdemeanors (délits), criminal proceedings for IP infringement are barred six years from the day on which the offense was committed (Art. 8 Code of Criminal Procedure). The same applies to civil actions brought before a criminal court  …

Statute of limitations

Since the entry into force of Law No 2017-242 of 27 February 2017 , which doubled the time-limits on criminal statutes of limitation for both felonies (crimes) and misdemeanors (délits), criminal proceedings for IP infringement are barred six years from the day on which the offense was committed (Art. 8 Code of Criminal Procedure). The same applies to civil actions brought before a criminal court (Art. 10 Code of Criminal Procedure).

In the case of a concealed or disguised offense, the statute of limitations runs from the day on which the offense came to light and could be ascertained under conditions enabling public action to be taken, but the limitation period may not exceed twelve completed years for misdemeanors and thirty completed years for felonies, from the day on which the offense was committed (Art. 9-1, para. 2, Code of Criminal Procedure). A concealed offense is one which, because of its constituent elements, cannot be known either to the victim or to the judicial authority (Art. 9-1, para. 3, Code of Criminal Procedure). A disguised offense is one in which the perpetrator deliberately carries out any tactic designed to prevent its discovery (Art. 9-1, para. 4, Code of Criminal Procedure).

The statute of limitations for criminal infringement proceedings is a matter of public policy. It cannot be contractually modified, and the court is obliged to raise it of its own motion.

Law No 2017-242 of 27 February 2017 reforming the statute of limitations in criminal matters, OJ of 28 February 2017.

Industrial Property Law

522. Statute of limitations

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Les notions juridiques connexes

522. Statute of limitations

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise