Pre-litigation negotiation

Under the French Civil Procedure Code, an attempt must be made to settle disputes amicably before commencing legal proceedings.

If it cannot be demonstrated that the parties have attempted to reach an amicable resolution, the judge may force them to do so by means of a stay of proceedings.

This pre-litigation negotiation phase can take several forms, in particular that of a formal notice.

It is also important to focus on gathering evidence during this amicable phase. Indeed, this phase should not have the effect of enabling the infringing party to destroy any evidence of their offence, for example.

Our teams of lawyers and patent engineers are fully aware of these issues and are here to support you throughout the pre-litigation phase.