New French Law on the infringement of intellectual property rights

17 December 2007

Jeanne Méhaud

On 31 October 2007, a new law came into force in France, implementing the EC Directive on the enforcement of intellectual property rights. This law amends the French Intellectual Property Code, particularly with regard to seizure of infringing software and databases.

The new Law on the Fight Against Infringement implements new provisions in the French Intellectual Property Code, in respect of certain types of industrial and intellectual property rights. It amends Article L.332-4 of the Intellectual Property Code, which fixes the rules governing infringement seizures for software and databases. In particular, more detail is provided on the scope of seizures.

Under the new Article L.332-4, a summary judge can now order the seizure of:

  • goods unlawfully realised or manufactured;

  • hardware and devices that have been used to unlawfully produce or distribute software or databases; and

  • any corresponding document.