FRANCE Law and Practice Contributed by: Céline Bey and Alexis Augustin, Gowling WLG
(see 2.10 Mechanisms to Obtain Evidence and Information ). Subsequently, the patentee or exclusive licensee usually sends a formal notice requesting the ces- sation of the infringement. If the value of the dispute does not exceed EUR5,000 (which is rare in patent matters), the claimant is required to attempt conciliation before bringing the action (Articles 54 and 750-1, CCP). This formality may be waived in cases of urgency or when an ex parte decision is needed. Then, if the infringer fails to respond to the formal notice, or if the patentee is not satisfied by the outcome, patent proceedings can be introduced by serving a writ of summons upon the defend- ant before the Paris Court of First Instance. 2.6 Legal Representation Before the Paris court, parties shall be repre- sented by a lawyer registered before the Paris Bar. Lawyers from other French Bars may also assist the parties before the court and appear at oral hearings but the parties must appoint a member of the Paris Bar to serve as representa- tive. For any dispute before the Supreme Court, par- ties must be represented by a lawyer registered with the Supreme Court. Before the UPC, representation is also compul- sory, either by lawyers authorised to practise in an EU member state or by European patent attorneys entitled to act before the EPO. Both are authorised to practise before all the courts and divisions of the UPC.
of First Instance handled by specialised judges of the third Chamber (divided into three sections of three judges). Appeals are examined by the Fifth Division of the Paris Court of Appeal. Deci- sions of the Court of Appeal can be appealed to the Supreme Court ( Cour de cassation ). French courts have exclusive jurisdiction to rule on French patents and on the French parts of European patents that have been opted-out from the UPC’s jurisdiction. They can also hear actions brought against European patents which are not locked in the UPC system. Since the UPC is operational, it has jurisdiction for disputes concerning European and unitary patents: this jurisdiction is exclusive for unitary patents but shared with national courts during the transitional period regarding European pat- ents. The UPC allows using a single channel instead of filing actions before each European jurisdic- tion. The first instance includes 13 local divisions and one regional division located in EU member states party to the Unified Patent Court Agree- ment (UPCA), and a central division located in three countries, each specialised in a techni- cal domain (the main one seating in Paris). The Court of Appeal is located in Luxembourg. 2.4 Specialised Bodies/Organisations for the Resolution of Disputes The INPI has no jurisdiction over patent infringe- ment disputes. A local division and the main section of the cen- tral division of the UPC are located in Paris. 2.5 Prerequisites to Filing a Lawsuit The first prerequisite is to gather evidence of the alleged infringement by any means available
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