Holding intellectual property is not enough; you should also be able to defend it when it is infringed or unlawfully copied.

LECLERE & LOUVIER AVOCATS intervenes in this very specific field of infringement litigation (excluding patents), using all the necessary means to defend your interests. We also defend you in the event of an action brought against you for infringement or unfair competition.

Proof of infringement or unfair competition

In order to preserve the evidence of the facts in dispute, several procedures can be implemented: 

  • Carrying out bailiff reports on the Internet or purchase reports, in order to establish infringement; 
  • Bailiff reports on the infringer's information system  (art. 145 of the CPC)
  • Implementation of the infringement seizure procedure ("saisie-contrefaçon")

Pre-litigation measures

  • Formal notices for the purpose of amicable settlement
  • Response to formal notices
  • Development of a litigation strategy, including alternative dispute resolution measures.

Infringement actions and proceedings

Infringement action may be brought alone or in conjunction with the action for unfair competition.

Infringement action has two main objectives: stopping the acts of infringement and obtaining due damages for the IP rights holder.

The publication of decisions is also systematically requested, in order to compensate the damage to the image of the rights holder.