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The Directive 2004/48/EC on the enforcement of intellectual property rights was implemented in French law by the Law of 29 October 2007 on the fight against infringement and by the Law of 4 August 2008 on the modernisation of the economy. The aim of these acts is in particular to reinforce the body of law protecting intellectual property creations, to create a right to information for intellectual property owners and to reinforce provisional and precautionary measures.
The new law provides for a limited number of courts to specialise in the enforcement of intellectual property: litigation relating to the application of intellectual property rules may only be brought before specific High Courts of First Instance (‘Tribunaux de Grande Instance’).
A Decree dated 9 October 2009, published in the Official Journal on 11 October, designates the 9 High Courts of First Instance (amongst the 181 existing High Courts) that now have exclusive jurisdiction for cases relating to copyright, designs and models, trade marks and appellations of origin: Bordeaux, Lille, Lyon, Marseille, Nanterre, Nancy, Paris, Rennes and Fort-de-France.
BRAD SPITZ
www.bradspitz.com
IPIT NEWS FROM FRANCE, by YS Avocats law firm, www.ys-avocats.com
