French Intellectual Property Code
In forceI.-The following may only be brought before the Institut national de la propriété industrielle:
1° Applications for a declaration of invalidity based exclusively on one or more of the grounds listed in Article L. 711-2, in points 1 to 5, 9 and 10 of the I of Article L. 711-3, in point III of the same Article and in Articles L. 715-4 and L. 715-9;
2° Claims for forfeiture based on articles L. 714-5, L. 714-6, L. 715-5 and L. 715-10. II - Other civil actions and claims relating to trade marks other than those referred to in I, including where they also concern a related issue of unfair competition, shall be brought exclusively before the Tribunaux de Grande Instance, as determined by regulation.
The Tribunals referred to in the previous paragraph shall be established by regulation. The courts referred to in the previous paragraph also have exclusive jurisdiction in the following cases:
1° Where the claims referred to in 1° and 2° of I are brought as a principal claim or as a counterclaim by the parties in connection with any other claim falling within the jurisdiction of the court, and in particular in connection with an action brought on the basis of articles L. 716-4, L. 716-4-6, L. 716-4-7 and L. 716-4-9 or in connection with an action for unfair competition;
2° Where the applications referred to in 1° and 2° of I are made while either evidentiary measures or provisional or protective measures ordered in order to stop an infringement of a trade mark right are being carried out prior to the commencement of an action on the merits.
III. III - A decree of the Council of State shall specify the conditions for the application of this article.
It is the responsibility of the Council of State to determine the conditions for the application of this article.
