FRANCE

Defensive Actions

Nullity Action (declaration of invalidity)

General information

Icon Who can file an application for declaration of invalidity of my design?

Any interested party can file an application for declaration of invalidity of your design,

Icon Can I file an application for declaration of invalidity of someone else's design?

Yes, you can file an application for declaration of invalidity of someone else's design,

Icon Are there specific deadlines/timeframes which I have to observe in connection with an application for declaration of invalidity?

The deadline is  30 years or 10 years (if the commercial law applies)

Icon Where can I file an application for declaration of invalidity of someone else's design?

Application for declaration of invalidity must be filed before a Court,

Icon Who will take a decision on the invalidity?

The Court will take the decision on the invalidity,

Objection

General information

Icon Before NPI, is it possible to present an opposition to a design application ?

No, the design registration procedure does not include the possibility to present an opposition.





Proactive Measures

Action for damages

General information

Icon Is an action for damages available in your country?

Yes, you can file an action for damages in France.

Icon Against whom to bring action for damages?

Action for damages can be brought against any person who has infringed your rights 

Icon Can someone bring an action for damages against me too?

Yes, if you don't respect the rights of third persons, they can bring action for damages against you.

Icon To what kinds of IP rights do actions for damages relate?

Actions for damages can be related to patents, trademarks, designs (registered and non registered), copyrights, plant variety certificates,  

Icon Are there specific deadlines/timesframes which I have to observe in connection with an action for damages?

Yes, the deadline is about 3years counted from the counterfeiting acts concerned; about 10 years if the rights infringed are coyprights,

Icon Who will take a decision on the legitimacy of an action for damages?

A court will take the decision on the legitimacy of the action for damages,

Icon Do I need a legal adviser to bring an action for damages?

Yes, a legal adviser is compulsory, 

Customs Seizure

General information

Icon Is customs seizure available in your country?

No, not for patents

Instruments

Preservation of Evidence

General information

Icon Is it possible to collect evidence against an IP infringer?

Yes, there are several means to collect evidence against an IP infringer (for example, "saisie contrefaçon",,,)

Icon Who can help me to preserve evidence?

For example : a bailiff, the customs the police or gendarmerie nationale. 

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Innovaccess is a constituent part of the IP Awareness and Enforcement: Modular Based Actions for SMEs project (IPeuropAware) 
		which is financed by the CIP Programme, DG Enterprise and Industry of the European Commission