Strategic defence of intellectual property rights before French, EU and international courts. From pre-litigation cease and desist to full proceedings before the Tribunal Judiciaire de Paris (JIPC), the Court of Appeal, the Cour de cassation, the Unified Patent Court and the Court of Justice of the European Union, Dreyfus & Associés litigates trademark, patent, design, copyright, software, database and domain name cases for international rights holders.
Reviewed by Nathalie Dreyfus, European Trademark and Patent Attorney, Founder of Dreyfus & Associés. Last updated: June 2026.
French IP litigation offers three structural advantages that are rarely available in common law jurisdictions. Understanding them is critical when planning an enforcement strategy in Europe.
Saisie-contrefaçon, a probatory weapon unique to French law. The right holder can obtain, by simple ex parte order from the President of the Tribunal Judiciaire, a bailiff-led search and seizure operation at the premises of any suspected infringer. The evidence collected is admissible before the court and provides unmatched leverage at the very beginning of the case.
A specialised court with exclusive nationwide jurisdiction. Since 2009, the Tribunal Judiciaire de Paris (JIPC, Juridiction Inter-régionale de la Propriété Intellectuelle) has exclusive first-instance jurisdiction over French and EU trademarks, designs, patents and copyright disputes. Judges are trained in IP and decisions are rendered in 12 to 18 months on average.
A dual remedy approach: counterfeiting plus unfair competition. French case law allows the cumulative pursuit of counterfeiting (for the IP right itself) and unfair competition or parasitism (for distinct acts such as packaging copy or marketing imitation), increasing the global damages award.
The French Intellectual Property Code authorises ex parte bailiff seizure of suspected counterfeit goods, equipment and documents. Available for designs, trademarks, copyright, patents and plant variety rights.
Source: Article L.521-1 of the French Intellectual Property Code.
Since Decree n. 2009-1205 of 9 October 2009, the Tribunal Judiciaire de Paris has exclusive first-instance jurisdiction over EU trademark, design and Community plant variety actions, and over French patent cases.
Source: Decree n. 2009-1205 and Articles L.211-10 and D.211-5 of the French Code of Judicial Organisation.
The Unified Patent Court has been operational since 1 June 2023, with central, regional and local divisions across the EU. It hears cases on European patents with unitary effect and classical European patents that have not opted out.
Source: UPC Agreement, OJ EU C 175/01.
The EU Enforcement Directive harmonises civil enforcement measures across member states: evidence preservation, injunctions, damages, right of information and publication of decisions.
Source: Directive 2004/48/EC of 29 April 2004.
The Tribunal Judiciaire de Paris has exclusive first-instance jurisdiction over EU and French trademarks, designs, patents, copyright, Community plant variety rights and certain unfair competition cases connected to IP. The IP division (JIPC) was created to centralise expertise and ensure consistent case law.
Saisie-contrefaçon is a French probatory procedure that allows a rights holder to obtain ex parte authorisation from a judge for a bailiff to enter the infringer's premises, search, seize samples and copy documents. The evidence is admissible at trial. It is one of the most effective IP evidence-gathering tools in the world.
First-instance proceedings before the JIPC typically last 12 to 18 months. Appeal before the Paris Court of Appeal adds another 18 to 24 months. The Cour de cassation rules on points of law only and takes around 12 to 24 months. UPC proceedings target a first-instance decision within 12 to 14 months.
Yes. French case law allows cumulative claims provided the unfair competition action is based on facts distinct from the IP infringement (e.g. copy of packaging shape, marketing slogan, commercial parasitism). This dual approach increases damages and is a recommended strategy in many cases.
The UPC, operational since 1 June 2023, has jurisdiction over European patents with unitary effect and classical European patents not opted out. It offers centralised enforcement across participating EU member states with a single judgment. Strategic choices about opt-out, forum and divisions deserve careful counsel.
Yes. French courts grant permanent injunctions, recall and destruction orders, publication of the judgment, and damages combining lost profits, moral damage and the infringer's unfair benefit (Article L.716-4-10 of the French IP Code for trademarks, with parallel provisions for patents, designs and copyright).
