Book contents
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Chapter 11 - Enforcement of Intellectual Property Rights in France
Published online by Cambridge University Press: 12 April 2019
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Summary
NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE
A. PRIMARY AND SECONDARY LAW
The Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 (the “Enforcement Directive” or “IPRED”) on the enforcement of intellectual property rights was implemented in different provisions of the French Intellectual Property Code (the “French IP Code”) pursuant to the law 2007–1544 of October 29, 2007 on the fi ght against counterfeiting.
Since 2007, the French IP Code has been subject to different amendments, particularly the law 2014–315 of March 11, 2014, which reinforced the dispositions of the law 2007–1544. All IP rights provisions are consolidated in the French IP Code.
B. TRANSPOSITION ISSUES
At the time of implementation, the legislator concluded that French law satisfied the requirements of the IPRED to a large extent. However, national law lacked provisions that corresponded to certain measures, such as the calculation of damages and the right to information.
C. ASSESSMENT REPORTS ON THE IMPLEMENTATION
The French Senate issued a report on February 9, 2011 analysing the effects of the implementation and concluding with 18 recommendations. This report resulted in the law of March 11, 2014. The recommendations can essentially be summarized as follows:
– Jurisdiction, courts and judges specialisation: 4 or 5 IP courts should be sufficient, importance of the specialisation of the judges.
– Damages: the law should be modified to clearly indicate that all benefi ts resulting from the infringing acts committed by the infringing party should be granted to the rightholder.
– Right to information: the law should be modified to indicate that right to information can be used before the decision on the merits during an interim proceeding. The limitative list of documents or information that the judge may order to be communicated pursuant to the right to information should be deleted in order to avoid a restrictive interpretation.
– Evidence: It should be provided that in the context of an infringement seizure, the bailiff may proceed to a simple detailed description of the materials and instruments used to produce or distribute the infringing goods.
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- Publisher: IntersentiaPrint publication year: 2019