Journal Article

Two years on: the French experience of the enforcement directive

Marianne Schaffner

in Journal of Intellectual Property Law & Practice

Volume 5, issue 3, pages 178-185
Published in print March 2010 | ISSN: 1747-1532
Published online January 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp232
Two years on: the French experience of the enforcement directive

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Legal context

In France, the Enforcement Directive (2004/48/EC) of 29 April 2004 was finally implemented by the Law of 29 October 2007. This law prompted an in-depth modification of French IP law. Indeed, since the Directive is a patchwork of pre-existing national legislation from various Member States, some of its provisions, such as the right to information for example, were completely unknown to French practitioners.

Key points

The aim of this article is to provide an overview of some of the most important provisions of the Law of 29 October 2007 and of their application by the French courts up to now. Although some measures, such as saisie-contrefaçon and the assessment of damages have been efficiently harmonized, almost 2 years of application of the new provisions by the French Courts have exposed some hesitation and divergence among judges, notably as regards provisional measures and the right to information, as well as uncertainties as to the organization of proceedings.

Practical significance

The law of 29 October 2007 (‘the Law’) represents a weapon of major importance for IP right owners in their fight against infringement. Thus, it is necessary that a clear and harmonized application of the new provisions be defined, whether by the government or by the courts.

Journal Article.  5824 words. 

Subjects: Arbitration ; Intellectual Property Law

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