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10 February 2015
ialci law of luxury goods and fashion series
IPRs enforcement: France,
the dream country for IP
right own...
2
Where to enforce IPRs in France?
ialci law of luxury goods and fashion series
3
How to take enforcement action in France?
ialci law of luxury goods and fashion series
4
How to enforce IPRs in France: preparing your evidence
ialci law of luxury goods and fashion series
•  No “discovery” ph...
5
How to enforce IPRs in France: sending a cease and desist or
not sending a cease and desist?
ialci law of luxury goods a...
6
Other interim injunctions: the heavy stuff
ialci law of luxury goods and fashion series
•  Référé/requête
•  Interdiction...
7
Final remedies
ialci law of luxury goods and fashion series
•  Damages (punitive damages)
•  Recalls of counterfeiting p...
8
Conclusion: come to enforce your IPRs in France!
ialci law of luxury goods and fashion series
9
ialci law of luxury goods and fashion series
IPRs enforcement: France, the dream country for IP
right owners!
Annabelle ...
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Enforcing IPRs: a European concise guide for luxury and fashion businesses - France

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Some advice to fashion and luxury businesses, from a barrister and solicitors practising in England & Wales and France, as well as a lawyer practising in Germany, specialising in intellectual property, on the practical steps to take in order to enforce one’s IPRs in France, Germany and the UK. -
Annabelle Gauberti, ialci President and Founding Partner, Crefovi

Published in: Business
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Enforcing IPRs: a European concise guide for luxury and fashion businesses - France

  1. 1. 10 February 2015 ialci law of luxury goods and fashion series IPRs enforcement: France, the dream country for IP right owners!
  2. 2. 2 Where to enforce IPRs in France? ialci law of luxury goods and fashion series
  3. 3. 3 How to take enforcement action in France? ialci law of luxury goods and fashion series
  4. 4. 4 How to enforce IPRs in France: preparing your evidence ialci law of luxury goods and fashion series •  No “discovery” phase, as such, in France •  Active cooperation from the client required •  Procés-verbal de constat d’huissier sur internet •  Procés-verbal de saisie-contrefacon
  5. 5. 5 How to enforce IPRs in France: sending a cease and desist or not sending a cease and desist? ialci law of luxury goods and fashion series •  No obligation to send a cease-and-desist letter to the defendant before filing a suit with TGI •  No “groundless threat” actions •  No obligation to make a deposit, like in Germany, which is a percentage of the damages required in the law suit •  No obligation to attempt to settle before and during the litigation process: let’s go for it!
  6. 6. 6 Other interim injunctions: the heavy stuff ialci law of luxury goods and fashion series •  Référé/requête •  Interdiction d’exploitation •  Injunction to ISPs to block websites on French soil •  Demande d’information
  7. 7. 7 Final remedies ialci law of luxury goods and fashion series •  Damages (punitive damages) •  Recalls of counterfeiting products and/or destruction •  Information to third parties/advertisement
  8. 8. 8 Conclusion: come to enforce your IPRs in France! ialci law of luxury goods and fashion series
  9. 9. 9 ialci law of luxury goods and fashion series IPRs enforcement: France, the dream country for IP right owners! Annabelle Gauberti Crefovi founding partner – President of ialci annabelle.gauberti@crefovi.com @Crefovi on Twitter ialci law of luxury goods and fashion series

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