As previously reported, the European Directive of April 2004 was implemented in France in October 2007 to increase the means to fight counterfeiting.
The enforcement decrees to complete the text, especially to precise the deadlines mentioned in the implemented law, have been published last June.
Some French Courts already considered that said law was in force since October 2007 and could even apply to facts occurred before as the date to consider is the one when the judge rules. (Paris Court of First Instance, March 21, 2008)
The main topics of the decrees are (i) the deadline to get on the merits after engaging proceedings for urgent matters and (ii) the deadline to lodge a Court action after a seizure of counterfeit goods, which both are of 20 working days or 31 civil days if this is longer.
Some jurisdictions already retained such an applicable timing as it corresponds to the content of the provision of the European Directive the French law implements.
The decrees also provide that when counterfeiting seizures are subordinate to constitution of warranties from the claimant, they must be constituted before the seizure. Moreover, the president of the Court can order any necessary means to complete the evidence of counterfeiting
Lastly, the decrees come to precise if needed the competence of the Paris Court of 1st Instance in matters involving Community rights.