FRANCE Law and Practice Contributed by: Véronique Millischer, Léna Sersiron, Eléonore d’Anthonay, Guillaume Nataf, Olivia Chriqui-Guiot, Pauline Celeyron, Damien Berruyer and Nella Picou, Baker McKenzie Paris
• the practice produces direct, substantial, actual or foreseeable effects in France, or is implemented or originates there; • the FCA is in a position to bring the entire infringe - ment effectively to an end; and • the FCA is able to gather, potentially with the assis - tance of other authorities, the evidence required to establish the infringement. The FCA may impose fines of up to 10% of the high - est worldwide turnover, excluding VAT, achieved by the undertaking concerned in any of the years during which the anti-competitive conduct took place. 6.4 Abuse of Dominant Position Article L. 420-2 of the FCC prohibits the abuse by an undertaking or a group of undertakings of its dominant position in the domestic market, in line with Article 102 of the TFEU. The demonstration of such an anti- competitive practice requires, as a preliminary condi - tion, establishing that the undertaking concerned, or the group of undertakings, holds a dominant position in the market. Secondly, the abuse of such position is prohibited by French competition law, which may, in particular, consist in refusals to deal, tying practices or discriminatory conditions of sale. The interplay between French and EU competition law described above equally applies here: the FCA, empowered to enforce both sets of rules, ensures a consistent approach with the EC’s decisional practice and EU case law, in line with the principles of effec - tiveness and direct applicability of EU law. French competition law also recognises a standalone practice of abuse of economic dependence, which does not exist under EU law. Such a practice is estab - lished where the following cumulative conditions are met: • the existence of a situation of economic depend - ence, assessed in concreto on the basis of factual elements (ie, an undertaking must be unable, within a reasonable period of time, to obtain a techni - cally and economically equivalent alternative to the contractual relationships concerned);
• an abuse of that situation of economic depend - ence – eg, through the imposition of unfair trading conditions; and • an effect on the functioning or the structure of competition. As set out above in relation to cartels, the FCA’s juris - diction over abuse of dominance cases is triggered where a sufficiently close connection with French ter - ritory can be established, based on the same cumu - lative criteria (effects, implementation or origin in France; ability to bring the infringement to an end; and ability to gather the required evidence). The same sanctioning framework also applies, with fines of up to 10% of the highest worldwide turno - ver (excluding VAT) achieved by the undertaking con - cerned during any year in which the infringement took place. A patent protects a technical invention (eg, a product, a process or a device), provided that it is new, involves an inventive step and is capable of industrial appli - cation. Discoveries, scientific theories, mathemati - cal methods, aesthetic creations, business methods and computer programs “as such” are excluded from patentability. Length of Protection A French patent is protected on the French territory for 20 years from the filing date, subject to the regular payment of annuities. Supplementary protection cer - tificates may extend protection for certain medicinal and plant protection products. Registration Process A French patent application is filed with the French National Industrial Property Institute ( Institut national de la propriété industrielle , or INPI). The invention must be described in the patent application in a man - ner that is sufficiently clear and complete to enable a person skilled in the art to carry it out. The application is examined for formal requirements and patentability. 7. Intellectual Property 7.1 Patents Definition
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