French pre-litigation is a toolbox far richer than its name suggests. Beyond standard cease and desist letters, it includes the saisie-contrefaçon (a court-ordered bailiff search and seizure), customs detention, identification of anonymous domain name holders, court-supervised evidence preservation and structured mediation. Used in the right combination, these tools resolve a majority of IP disputes before a single hearing is held.
Reviewed by Nathalie Dreyfus, European Trademark and Patent Attorney. Last updated: June 2026.
Six pre-litigation tools structure most French IP enforcement strategies. Each has its own legal basis, leverage, cost and timing.
Cease and desist letter (mise en demeure). Formal notice to stop the infringement, often combined with a takedown request to platforms, a deadline and a request for undertakings. The default opening move in most cases.
Saisie-contrefaçon (Articles L.521-1, L.615-5, L.716-4-7 of the French IP Code). Ex parte court order authorising a bailiff to enter, seize samples, copy documents and gather evidence at the infringer’s premises. A unique probatory weapon under French law.
Customs detention (Regulation EU 608/2013). Filing of an application for action with French and EU customs to detain suspected counterfeit goods at borders. A scalable, low-cost preventive tool.
Identification of anonymous infringers. Court orders to reveal the identity of a domain name holder, social media account operator or marketplace seller, often used before a cease and desist.
Preservation orders (requete en mesure d’instruction in futurum). Article 145 of the French Civil Procedure Code allows preventive evidence gathering when a future trial is foreseeable.
Mediation and structured negotiation. Court-annexed or private mediation, settlement letters, coexistence agreements, transactional contracts to formalise outcomes.
Article L.615-5 of the French Intellectual Property Code authorises ex parte court-ordered bailiff search and seizure to gather evidence of patent infringement. A parallel provision exists for every IP right.
Source: Article L.615-5 of the French Intellectual Property Code.
EU Regulation 608/2013 sets the framework for customs detention of suspected counterfeit goods at EU borders. An application for action filed with EU customs covers all participating member states.
Source: Regulation (EU) 608/2013.
Article 145 of the French Civil Procedure Code allows a party to request preventive evidence gathering when a future trial is foreseeable, including expert reports, bailiff observations and document production.
Source: Article 145 of the French Code of Civil Procedure.
The Uniform Domain-Name Dispute-Resolution Policy allows trademark owners to recover infringing domain names in around 60 days through arbitration centres including WIPO. A fast, cost-effective complement to court action.
Source: ICANN UDRP rules.
Gathering of trademark and patent certificates, use evidence, sales data, infringer captures (URLs, screenshots, products), bailiff reports if needed. Quality of the file determines the strength of every next step.
Drafting of a targeted cease and desist with clear demands, deadlines and proposed undertakings. Parallel takedown filings on marketplaces, social platforms, search engines and ad networks.
Preparation of the application file (rights, evidence of probable infringement), filing before the President of the Tribunal Judiciaire, organisation of the bailiff operation, post-seizure litigation calendar.
Filing or renewal of the application for action with customs, monitoring of border seizures, coordination with online brand protection providers, recovery of infringing domain names through UDRP or court.
Structured negotiation, mediation under court supervision or by private institutions (CMAP, ICC), drafting of settlement agreements, coexistence agreements and transactional protocols.
Targeted, jurisdiction-aware letters with takedown coordination on platforms.
Full preparation, court application, bailiff coordination, post-seizure follow-up.
Filing and managing applications for action with French and EU customs.
Court orders to lift the anonymity of domain holders, sellers and social accounts.
Court-annexed or private mediation, drafting of settlement and coexistence agreements.
Article 145 evidence preservation, expert reports, bailiff observations before trial.
Saisie-contrefaçon is a French court-ordered bailiff seizure of evidence at the suspected infringer’s premises. You apply ex parte to the President of the Tribunal Judiciaire de Paris with evidence of your rights and probable infringement. If granted, a bailiff conducts the operation, often within days. The evidence collected is admissible at trial.
In most cases yes, but timing matters. Sending a letter too early alerts the infringer who may destroy evidence. Sending it without a credible litigation backup weakens leverage. We sequence the letter with saisie-contrefaçon, customs filing or takedown actions when needed for maximum effect.
Yes, by filing an application for action under Regulation EU 608/2013. Once granted, French and EU customs monitor imports and detain suspected counterfeit shipments. You are notified and have 10 working (3 working days for perishable goods) days to confirm infringement and initiate judicial action.
French courts grant orders to lift the anonymity of domain name holders, social account operators and marketplace sellers. We file targeted requests under Article 145 of the Code of Civil Procedure or specific IP and digital law provisions, often combined with judicial requisitions to platforms and hosting providers.
Yes, increasingly so. Court-annexed mediation in Paris and institutional mediation through CMAP, ICC or WIPO have grown rapidly. Mediation works best when both parties have litigation leverage but seek to preserve confidentiality, business relations or a complex coexistence arrangement.
Cease and desist services typically run on a fixed fee structure, with budgets scaled to the complexity of the case (single infringer or coordinated campaign), the number of jurisdictions involved and the depth of evidence gathering. We always provide a clear quote before action.
