A design infringement action is a legal proceeding through which the holder of a protected design seeks to stop the unauthorised use of a product’s appearance and obtain compensation for the resulting harm. It may concern a French registered design, a registered European Union design or an unregistered European Union design. The applicable conditions differ according to the right relied upon, particularly because infringement of an unregistered EU design requires proof that the protected design was copied.
Design law protects the appearance of the whole or part of a product resulting from features such as its lines, contours, colours, shape, texture, materials or decoration. Under the current European framework, protection may also cover non-physical and digital forms, including movements, transitions or animations, provided that the legal requirements are met.
For a registered design, protection is determined by the features visibly represented in the application. It does not confer a monopoly over an idea, a general style or features dictated solely by a technical function. Before bringing an action, the claimant must therefore identify the protected features, verify the validity and territorial scope of the right, and define the allegedly infringing acts precisely.
Infringement does not require an identical copy. Under Article L. 513-5 of the French Intellectual Property Code and Regulation (EU) 2026/715 on European Union designs, protection extends to designs that do not produce a different overall impression on the informed user.
The court conducts a visual and contextual assessment. It considers, in particular:
The greater the designer’s freedom, the less likely minor differences are to produce a different overall impression. Conversely, in a crowded sector where creative freedom is limited, smaller differences may carry greater weight.
A registered French or EU design allows its holder to act against any design falling within its scope of protection. Proof that the defendant intentionally copied the design is not normally required.
An unregistered EU design is protected for three years from the date on which it was first made available to the public within the European Union. Its holder may act only where the contested use results from copying. Independent creation by a designer who could reasonably be considered unfamiliar with the earlier design is therefore a central defence.
Without the right holder’s consent, prohibited acts may include making, offering, placing on the market, using, importing, exporting or stocking a product incorporating the protected design. The current EU rules also expressly cover creating, downloading, copying, sharing or distributing media or software that records the design for the purpose of enabling a product to be made. Online listings, digital design files, cross-border sales and goods in transit may therefore form part of an infringement strategy, depending on the right and territories concerned.
In France, a civil infringement action is principally brought by the design owner. Subject to the licence agreement, an exclusive licensee may also bring proceedings if the owner does not act after formal notice. Other licensees may intervene in existing proceedings to seek compensation for their own loss.
Actions concerning French designs are brought before specialised judicial courts. Claims based on EU designs are heard by designated EU design courts. Jurisdiction and the territorial scope of the remedies depend on the defendant’s location, the place where the infringement occurred and the legal basis of the action.
Under Articles L. 521-1 et seq. of the French Intellectual Property Code, infringement may be proved by any lawful means. Useful evidence may include purchases, invoices, catalogues, dated screenshots, product samples, customs information, expert comparisons and reports prepared by a judicial officer.
A saisie-contrefaçon, or infringement seizure, is a particularly effective evidential measure. Authorised by a judge without prior notice to the alleged infringer, it may allow a judicial officer to describe or seize allegedly infringing products, related documents, equipment and samples. Strict deadlines then apply for bringing proceedings on the merits, which makes prior preparation essential.
Where the available evidence makes infringement or an imminent infringement sufficiently plausible, the court may order interim measures, potentially under a penalty payment. These may include a provisional prohibition, seizure or delivery of the disputed products to a third party, and measures intended to preserve evidence or prevent goods from entering distribution channels.
If infringement is established, the right holder may seek:
Criminal proceedings and customs measures may also be considered where the applicable conditions are met.
The defendant may challenge the validity of the design, argue that the designs produce a different overall impression, or invoke an independent creation in a claim based on an unregistered EU design. Other possible defences include the technical function exclusion, exhaustion of rights, a prior-use right, or a permitted private, experimental, teaching or quotation use. Specific rules may also apply to spare parts used to restore the original appearance of a complex product.
Design protection may coexist with copyright, trademark law, unfair competition or parasitism where the conditions for those separate claims are satisfied. These additional grounds should be assessed independently rather than treated as automatic extensions of the design right.
A civil design infringement action in France is subject to a five-year limitation period from the day on which the right holder knew or should have known the last fact enabling the action to be brought. Acting quickly remains important to preserve evidence, limit market disruption and retain access to effective urgent measures.
A design infringement case requires an early assessment of the protected features, the validity of the right, the overall impression produced by the competing products, the available evidence and the most appropriate territorial strategy.
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