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The reasons why you should choose France for IP Litigations

 

The French IP judicial system offers significative advantages that are, most of the time, still not well known around the world. Let’s see very briefly some of these advantages.

 

Saisie-contrefaçon

The saisie-contrefaçon allows the holder of an intellectual property right, upon receiving the authorization of a judge, to call upon a bailiff (in certain cases, a police commissioner or a judge) to collect evidences of an infringement at the infringer place.

  • ex-parte proceedings;
  • evidences can be used for proceedings abroad;
  • you can execute it as soon as you obtained the authorization;
  • you must file a summons during the month following the saisie.

 

Preliminary Injunctions

French Courts granted the highest number of PI last year.

Furthermore:

  • you just need to bring a “reasonable evidence” of the infringement
  • you can obtain provisional damages (more than 13 million in a pharma case in 2016).
  • Preliminary injunctions could be ordered very fast and ex parte:
  • Protective briefs do not exist under French law. 

See here our detailed article about this topic.

 

Legal costs

No Court Fees.

The legal costs can be recovered in significant part (we obtained more than €1.000,000 in a pharma case in 2016).

Moreover, in patent litigation, the attorney fees are eligible to the research tax credit (crédit d’impôt recherche).

 

Specialized Courts

The Paris High Court has an exclusive competence for hearing disputes concerning Patents, Community Designs and Community Trademarks.

This specialization offers better decisions (and especially credible around Europe) and legal certainty about the results you can obtained.

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