French Intellectual Property Code
In forceCivil action for infringement shall be brought by the proprietor of the trade mark or by the licensee with the consent of the proprietor, unless otherwise stipulated in the contract. However, the beneficiary of an exclusive right of exploitation may bring an infringement action if, after formal notice, the proprietor fails to exercise that right within a reasonable period.
A person entitled to use a guarantee or collective mark may only bring an infringement action with the consent of the owner of the mark, unless otherwise stated in the regulations governing use.
The proprietor of a guarantee mark or collective mark may claim, on behalf of the persons entitled to use the mark, compensation for the loss suffered by them as a result of the unauthorised use of the mark.
Any party to a licence agreement is entitled to claim compensation for the loss suffered as a result of the unauthorised use of the mark. Any party to a licence agreement is entitled to intervene in infringement proceedings brought by another party in order to obtain compensation for its own loss. Any person entitled to use a guarantee mark or collective mark is entitled to intervene in infringement proceedings brought by the proprietor in order to obtain compensation for his own loss.
Infringement proceedings may be brought by the proprietor in order to obtain compensation for his own loss.
Infringement proceedings may be brought by the proprietor in order to obtain compensation for his own loss. Infringement proceedings lapse five years after the day on which the owner of a right knew or should have known of the last fact enabling him to exercise it.
