France: Inform, don’t threaten, alleged indirect infringers!

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Inform, don’t threaten, alleged indirect infringers!

According to Article L615-1 paragraph 3 of the French IP Code, the offering for sale or putting on the market of an infringing product, where such acts are committed by a person other than the manufacturer of the infringing product (so-called indirect infringement), only imply the liability of the person committing these acts if they were committed knowingly.

To inform such a person, according to Article L615-1, it is customary to send an information letter (so called Lettre de mise en connaissance de cause).

In a published decision rendered on May 27 2015, the French Cour de cassation has given some indications about the content of such a letter.

In 2007 and 2009, a patentee warned a company it was infringing some of his patents. The company objected to the alleged infringement and discussions were held to solve the dispute at hand. In 2012, while discussions were continuing between the company and the patentee, the patentee sent several letters to some of the company's customers warning them that the commercialisation of some of their products might require a licence referring to eight existing patents the patentee owned.

In these letters, referring to Article L615-1, the patentee demanded the customers to cease the distribution of the products referring to these patents or to directly contract a licence if they could not obtain licence certificates from their suppliers.

In response, the company initiated an action against the patentee in order to put an end to the sending of such letters. The Cour d'Appel ruled in favour of the company. According to the Court, the sending of the warning letters was characteristic of a manifestly unlawful disturbance as well as an act of unfair competition.

The Cour de cassation confirmed this ruling, pointing out that:

  • the letters should not have been drafted in a threatening way;

  • they should have been more specific on how the infringement was characterised by the distribution of the products;

  • they should also have mentioned that there were discussions between the patentee and the company; and

  • they should not have been focusing on the set-up of a licensing programme.

The Cour de cassation concluded that such letters went beyond what was intended as an information letter in Article L-615-1.

Navy
Kohn_Philippe-100

Jérôme Navy

Philippe Kohn


Gevers & Ores41, avenue de FriedlandParis 75008, FranceTel: +33 1 45 00 48 48Fax: +33 1 40 67 95 67paris@gevers.euwww.gevers.eu

more from across site and SHARED ros bottom lb

More from across our site

Partner Rob Jacob unveils plans to offer a beginning-to-end trademark service, how to make prosecution profitable, and why IP ‘buy-in’ from the CEO stands the firm in good stead
Sponsored by CAS
CAS provides practical pointers on how intellectual property and R&D teams can work in tandem to unlock tangible benefits and avoid wasted spend
Sponsored by CAS
CAS explores how AI is transforming intellectual property, from inventorship and copyright disputes to new demands on patent attorneys
Sponsored by That.Legal
Gillian Tan of That.Legal discusses a recent decision by the Intellectual Property Office of Singapore and what it reveals about the evidential burden in bad-faith trademark claims
Attorneys at Di Blasi, Parente & Associados share how the protection of trade secrets strengthens innovation by bringing together legal practice, regulatory developments, and established international references
Jin Ooi, who joins as a partner today, said he is excited to offer a ‘rounded’ IP service as the firm deepens its litigation expertise in the UK and Europe
As generics celebrate, practitioners believe innovator companies should brace for an ‘uphill battle’ when trying to prove induced infringement
A team from Cooley shares how they overturned a massive damages award by emphasising that the opposing company’s trade secrets claims were time-barred
Sponsored by Licks Attorneys
Eduardo Hallak, Rafaella Oliveira, and Laís Souza of Licks Attorneys explain how the provision operates in practice, highlighting evidential hurdles and best practices for patent applicants
Sponsored by Liu, Shen & Associates
Chunyu Cui and Ziqing Wu of Liu, Shen & Associates say recent trends in China’s intellectual property courts indicate alignment with international standards and send a clear signal to the global market
Gift this article