Courts with jurisdiction in intellectual property matters

Intellectual property litigation in France is governed by specialised jurisdictional rules. Actions relating to patents, supplementary protection certificates, semiconductor topographies and plant variety rights are brought before the Paris Judicial Court, which has exclusive jurisdiction (Article L. 615-17 of the French Intellectual Property Code). Actions concerning trade marks, designs, copyright and geographical indications fall to specially designated judicial courts, listed in the Code of Judicial Organisation.

Specialisation of the French courts

The exclusive jurisdiction of the Paris Judicial Court in patent matters extends to related unfair competition issues and to contractual actions concerning a patent, which avoids fragmenting the dispute. For trade marks and designs, ten judicial courts have jurisdiction, including the Paris court, which in addition has exclusive jurisdiction over disputes concerning European Union trade marks and Community designs as the court designated by France. The competent court is determined by the ordinary territorial rules of the Code of Civil Procedure, in particular the defendant’s domicile or the place where the harmful event occurred.

Interaction with the European courts

European patents, whether unitary or not, have fallen within the jurisdiction of the Unified Patent Court since 1 June 2023, except for classic European patents opted out during the transitional period. National courts retain exclusive jurisdiction over French patents and over European patents excluded from the system. Decisions of the Union offices (EUIPO, Community Plant Variety Office) are challenged before the General Court of the European Union, then on appeal before the Court of Justice.

International jurisdiction

Where the dispute has a cross-border element, the jurisdiction of the French court is determined under the Brussels I bis Regulation. Actions concerning the registration or validity of registered titles fall exclusively to the courts of the State of registration, whereas infringement actions may be brought before the courts of the defendant’s domicile or of the place where the harmful event occurred, in the latter case with jurisdiction limited to the damage sustained within the territory. A court hearing an infringement action concerning a foreign patent must ensure that the validity of the title is not challenged, failing which it loses jurisdiction over that issue.

Key points

Patents fall exclusively within the jurisdiction of the Paris Judicial Court or, for European patents, of the Unified Patent Court. Other rights are allocated to designated judicial courts, Paris alone having jurisdiction over Union titles. Before serving any writ, check the nature of the title, whether an opt-out from the unified system exists and territorial jurisdiction, since an error of routing delays the proceedings by several months.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. When the question arises in a real case, the right moment is almost always before proceedings are issued.

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