An infringement action is a legal proceeding brought by the owner of an intellectual property right (trademark, patent, design, or copyright) against a person or company that they accuse of using, reproducing, or exploiting that right without their authorisation.
The purpose of this action is to stop the infringement of their right and to obtain compensation for the damages suffered.
Infringement can take various forms, such as the unauthorised reproduction of a work, the manufacture or sale of products using a patent without the owner’s consent, or the use of a similar trademark that is likely to confuse consumers.
If the court finds that infringement has occurred, it may order several measures, such as:
- Prohibiting the use or sale of the products or services in question.
- Confiscating and destroying the infringing products.
- Awarding damages to compensate the right holder for the losses incurred.
Infringement proceedings, therefore, aim to protect the exclusive rights conferred by intellectual property and to deter infringements of those rights.
Infringement proceedings are governed by several articles of the Intellectual Property Code (CPI) in France, depending on the type of intellectual property right concerned.
- For trademarks:
Article L.716-1 et seq. of the CPI define counterfeiting and the applicable penalties.
- For patents:
Article L.615-1 et seq. of the CPI specify the rights of the patent holder and the actions to be taken in the event of infringement.
- For designs:
Article L.521-1 et seq. of the CPI detail the rights and remedies available in the event of infringement.
- For copyright:
Article L.335-2 et seq. of the CPI provide for penalties in the event of unauthorised reproduction, representation, or distribution of a work protected by copyright.