Court is the moment when months of preparation, evidence and strategy meet a judge. Dreyfus & Associés represents international rights holders before the Tribunal Judiciaire de Paris (JIPC), the Paris Court of Appeal, the Cour de cassation, the Unified Patent Court and the Court of Justice of the European Union. We litigate trademark, patent, design, copyright, software, database, domain name, unfair competition and parasitism cases at every level.
Reviewed by Nathalie Dreyfus, European Trademark and Patent Attorney. Last updated: June 2026.
French and EU IP litigation operates on two parallel levels. The administrative level addresses the validity, opposition and revocation of registered IP rights at INPI, EUIPO, EPO and the Boards of Appeal. The judicial level addresses infringement, nullity in court, damages, injunctions and unfair competition. The two levels often run in parallel and require coordinated strategy.
Administrative litigation. Opposition to trademark applications at INPI or EUIPO, nullity and revocation actions at INPI since the PACTE law of 2019, EPO oppositions and appeals before the Boards of Appeal. Fast, cost-effective and increasingly impactful.
Judicial litigation. Infringement suits, nullity counterclaims, unfair competition actions before the Tribunal Judiciaire de Paris (JIPC), the Court of Appeal and the Cour de cassation. UPC actions for unitary patents. Preliminary references and direct actions before the Court of Justice of the European Union.
Article D.211-5 of the French Code of Judicial Organisation grants the Tribunal Judiciaire de Paris exclusive nationwide jurisdiction over patent litigation. Trademark and design litigation under EU regulations is also centralised in Paris.
Source: Article D.211-5 of the French Code of Judicial Organisation.
Since the PACTE law of 22 May 2019, the INPI has competence to hear trademark nullity and revocation actions, providing an administrative alternative to court proceedings.
Source: Law n. 2019-486 of 22 May 2019.
The Unified Patent Court targets a first-instance judgment within 12 to 14 months from the filing of the statement of claim, a faster timeline than most national courts.
Source: UPC Rules of Procedure.
The Court of Justice of the European Union has ultimate jurisdiction to interpret EU trademark, design and copyright law through preliminary references from national courts and direct appeals from the EUIPO Boards of Appeal.
Source: Articles 256 to 267 TFEU.
Final evidence consolidation, expert reports, witness preparation, validity audit, written claim or statement of defence. In many cases, a saisie-contrefaçon or Article 145 preservation order has already been obtained.
Filing of the assignation, response from the defendant, written exchange of submissions (conclusions), case management conference (mise en état), oral pleadings before the panel. Average duration: 12 to 18 months.
Judgment on infringement, validity, damages, injunctions, publication. Enforcement through bailiff, provisional execution of damages, recall and destruction orders.
Full review of facts and law by a specialised IP chamber of the Paris Court of Appeal. Duration: 18 to 24 months. Possibility of new submissions and evidence.
Appeal to the Cour de cassation on points of French law (12 to 18 months). Preliminary reference to the CJEU on questions of EU law, where applicable. UPC appeals before the Luxembourg Court of Appeal.
Infringement, nullity, revocation, opposition appeals at INPI, EUIPO and courts.
Infringement, nullity, FRAND, UPC and national patent courts.
Design infringement, copyright suits including software and databases.
UDRP, Syreli, court proceedings, platform liability.
Strategic opt-out, infringement and revocation actions before the UPC.
Representation before the Paris Court of Appeal, the Cour de cassation and the CJEU.
The Tribunal Judiciaire de Paris (TJ Paris), through its IP division (JIPC), has exclusive nationwide jurisdiction over EU and French trademarks, designs, patents, copyright, Community plant variety rights and most IP-related unfair competition. Appeals go to the Paris Court of Appeal and then to the Cour de cassation.
First-instance proceedings before the JIPC typically last 12 to 18 months. Appeal before the Paris Court of Appeal adds 18 to 24 months. The Cour de cassation rules on points of law in around 12 to 24 months. UPC proceedings target a first-instance decision within 12 to 14 months.
Yes for judicial proceedings before the Tribunal Judiciaire and higher courts: representation by a French avocat is mandatory. For administrative procedures at INPI, EUIPO and EPO, a French or European industrial property attorney (CPI) or attorney with EU representation rights is required.
The UPC has jurisdiction over European patents with unitary effect and classical European patents not opted out. It offers centralised enforcement across participating EU member states. Strategic considerations include opt-out, forum selection between central, regional and local divisions, language and procedural pace.
Yes. The summary judge (juge des référés) at the Tribunal Judiciaire de Paris can grant urgent preliminary injunctions when infringement is sufficiently established and damage imminent. The procedure is fast (a few weeks) and routinely used for online infringement and counterfeit imports.
French courts award damages combining the rights holder’s lost profits, moral harm and the infringer’s unfair benefits (Article L.331-1-3 of the IP Code). Permanent injunctions, recall and destruction orders, and publication of the judgment are also routinely granted.
