Infringement action is the legal action that allows the holder of an industrial property title to exercise their monopoly.
Traditionally, only a lawyer can act before the courts in France.
However, legal and technical specificities exist in the field of industrial property, so a collaboration between an Intellectual Property Advisor and a lawyer significantly improves an infringement action’s chances of success.
For example, in the context of a patent infringement action, the technical expertise of an industrial property attorney is a considerable asset before the judges. It serves to clarify the scope of the claims regarding the patent involved, and also helps with the technical interpretation of the product in question.
In the field of trademarks and designs, due to our very extensive expertise in title validity conditions and applications of case law interpretations, we regularly work with lawyers.
An industrial property attorney can also assist with the search for evidence during infringement litigation proceedings.
Specific evidence search tools are available in intellectual property litigation, in addition to conventional tools such as bailiffs’ reports.
These specific tools include infringement seizures and the right to information.