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

1. 10 February 2015
ialci law of luxury goods and fashion series
IPRs enforcement: France,
the dream country for IP
right owners!

2. 2
Where to enforce IPRs in France?
ialci law of luxury goods and fashion series

3. 3
How to take enforcement action in France?
ialci law of luxury goods and fashion series

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
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
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
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
Conclusion: come to enforce your IPRs in France!
ialci law of luxury goods and fashion series

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