All means may be used to establish the materiality and extent of an infringement of intellectual property rights. Although seizure of counterfeit goods remains the preferred procedure, it is not essential. In the present case, the plaintiff had filed a motion with the judge for the compulsory production of documents (invoices) against the defendant and alleged infringer.
The judge ruled that the request for the compulsory production of documents concerned items that only the defendant could hold and did not compensate for the plaintiff’s failure to provide evidence. He also rejected the defendant’s argument of trade secrets and ordered the defendant to disclose the documents, subject to a penalty payment.
Court of Justice of Lyon – August 18, 2025
