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Country fiches: France

In France, general provisions of criminal procedure apply to the investigation and prosecution of intellectual property crimes. These crimes fall under the general rules of jurisdiction.

Verified in October 2022

National legislation

National legislation on intellectual property crimes

Copyright violations

Articles L.335-1 to L.335-9 of the Intellectual Property Code

Counterfeiting of trademark

Articles L.716-9 to L.716-13 of the Intellectual Property Code

Patent violations

Articles L.615-12 to L.615-16 of the Intellectual Property Code

Industrial design violations

Articles L.521-9 to L.521-13 of the Intellectual Property Code

Violations of geographical indications of origin

The French Intellectual Property Code foresees only civil liability – Articles L.772-1 to L.722-17

Violations of plant variety rights

Article L.623-32 and L.623-35 of the Intellectual Property Code

Trade Secrets violations

Article L.621-1 of the Intellectual Property Code foresees that the penalties for the violation of trade secrets are provided for in Article L. 1227-1 of the Labour Code

Provisions regarding theft (article 311-1 of the Criminal Code) apply when there is a fraudulent appropriation of a trade secret fixed in a document belonging to another person.

The provision regarding breach of trust under article 314-1 of the Criminal Code is available when there is a misappropriation of trade secrets fixed on document(s) handed over to a person.

Article 321-1 of the Criminal Code can be used to charge a person who received information considered a trade secret.

National contacts

National contacts

Law Enforcement Agencies

Pursuant to Article L. 511-13. 3° du Code de la Consommation, the Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF) is authorised to investigate and establish infringements of trademark counterfeiting.

Directorate-General for Competition, Consumer Affairs and Fraud Prevention (DGCCRF)

+32 809 540 550

B.P.60 - 34935 Montpellier Cedex 9

Contacter la DGCCRF | economie.gouv.fr 
Submit a complaint to the police or gendarmerie online

Prosecution

The prosecution of IP crimes falls under the competence of the general prosecution system. At the first instance courts, the prosecution is led by public prosecutors (Procureur de la République).

At the appellate courts and Court of Cassation, the prosecution is led by the General Prosecutor’s Office (Parquet Général).

Public Prosecutors

Contact details based on the location: access here

Submit a complaint to the public prosecutor online

General Prosecutor’s Office

+33 1 44 32 95 95

6 boulevard du Palais, 75001 Paris

Contact | Cour de cassation

Judiciary

There are no specialised courts on IP crime. This type of crime falls under the general court system.

The general courts are organised in a three-tier system:

  • District Courts;
  • Regional Courts; and
  • Court of Cassation.

French Courts

List of French courts and their contact details: access here

Judicial libraries

Judicial libraries

COUR DE CASSATION (COURT OF CASSATION)

Public and free database. No registration is required.

Décisions | Cour de cassation

Selected judgments from:

  • Court of Cassation (3rd instance)

Other available resources:

  • other documents published by the Court of Cassation, such as annual reports
  • bulletins of judgments of the Civil Chambers and the Criminal Division.

LÉGIFRANCE (PUBLIC SERVICE FOR THE DIFFUSION OF LAW)

Public and free database. No registration is required.

Légifrance

Selected judgments from:

  • Regional Courts (1st instance)
  • District Courts (1st instance)
  • Commercial Courts (1st instance)
  • Courts of Appeal (2nd instance)
  • Court of Cassation (3rd instance)
  • codes, consolidated texts and circulars,
  • constitutional and financial jurisprudence
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