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France

(WIPO code: FR)
(last revised November 2024)
by CABINET NETTER, Paris

Area

543,904 sq. km.

Population

68,373,433 (2024).

Capital

Paris, with about 2.1 million inhabitants.

Currency

Euro (EUR).

Language

French.

Imports

(2023): 693.1 million euros.

Exports

(2023): 591.2 million euros.

Most important natural products

Cereals, vegetal oils, wines, vegetables (early) and fruits, cattle, chicken, fish.

Industry

Foodstuffs, textiles and clothing, treatment of raw materials, including iron, steel, lead, aluminium, copper, zinc, mechanical products, aircraft, motor cars, high-speed railcars, locomotives, nuclear plants, electrical and electronic apparatus, radio and television sets, radars, weapons, chemical products, pharmaceutical products, perfumes, engineering.

While conserving its prestige in those fields where it had achieved worldwide reputation (fashion, perfumes, cooking), high technology areas (telecommunications, electronics, computer and nuclear technology, aeronautics, space, railcars, armament) are also an important part of the French industry. According to a recent survey (Thomson Reuters, November 2015), France ranks third among hundred countries with ten companies among the most innovating organizations.

Common Legal Basis for Intellectual Property

The French Intellectual Property Code (IPC) comprises a legislative part (established by Law No. 92-597 of July 1, 1992) and a regulation part (established by Decree No. 95-385 of April 10, 1995). It comprises laws and rules relating to intellectual property according to the following scheme:
– Books I to III Literary and artistic works (author’s right, the French equivalent of copyright),
– Book IV Administrative and professional organization,
– Book V Models and designs,
– Book VI Patents, semiconductors, vegetal creations,
– Book VII Trademarks,
– Book VIII Ancillary judicial provisions concerning the “Overseas Territories”.

The IPC (“Code de la Propriété Intellectuelle”) is available on the official legal Internet site: www.legifrance.gouv.fr under the heading “Les Codes en vigueur” (with latest consolidated version). An English version is also available, however with significant delays in the updating (latest update of March 1, 2006). Only the French version is authentic.

Territory covered: the IPC applies in the French territory, which comprises France (European mainland) and the “Overseas Departments” (DOM), namely Guadeloupe, Martinique, French Guyana, La Réunion and Mayotte Island (status changed on March 31, 2011 for the latter).

The IPC may also apply, conditionally, in the so-called “Collectivities” (former TOM): New Caledonia, Saint-Pierre and Miquelon, Wallis and Futuna, the French Southern and Antarctic Territories, Saint-Barthélemy Island and the French part of the island of Saint-Martin.

Recognition of French IP rights in French Polynesia: French Polynesia is now an autonomous territory in which French IP rights no longer apply automatically. The system enabling recognition of French IP rights in French Polynesia requires that validation be requested. Said proceedings apply to:
– patents, trademarks, designs, utility certificates, topographies of semiconductor products;
– filed (all rights) or renewed (trademarks, designs) between March 3, 2004 and January 31, 2014 (included).
Unless territorial extension has been required by September 1, 2023 at the latest, maintenance or renewal will not be possible in French Polynesia. Since February 1, 2014, when an IP right is applied for, it is mandatory to indicate whether extension to French Polynesia is requested for a new applications or for a renewal. It will therefore be necessary to request recognition of the rights in French Polynesia for the past period of protection, where relevant, at the latest at the time of requesting a renewal (for trademarks or designs).

Rights filed prior to March 3, 2004 (still valid) are automatically valid in French Polynesia.

Judiciary actions regarding intellectual property can be dealt with by civil or penal courts. Only the courts of Paris are competent for patents, SCPs, and topographies of semiconductor products. For other rights there is a limited number of competent courts.

Online proceedings: most of the filings and later proceedings (such as recordals) are now only available online.

Patent applications 2023
Direct French patent applications 15,566
From PCT applications 7,916
Trademark applications
French trademarks 93,081
International trademarks designating France (all classes) 278,400
International trademarks designating the EU 29,465
European Union trademark applications 146,223
Models and designs applications
National filings 5,511
Community filings 98,300
International designs designating France 31,676
International designs designating the EU 17,443

Table of Contents

This is an extract from the article on France in Katzarov’s Manual on Industrial Property. To access the whole article, subscribe here. For a free 3-day Trial, please contact us

Patents of Invention

– Book VI of the Intellectual Property Code.

Membership in International Conventions

– Paris Convention.
– Patent Cooperation Treaty (PCT).
– European Patent Convention.

Filing Requirements

– A specification, including claims in French or any foreign language (a French translation must be filed within two months from the filing date), typed on A4 paper, inside a frame of 17 x 25.7 cm, with no more than 40 lines per page;
– Drawings, if any (without any text, on A4 paper, inside a frame of 17 x 26.7 cm);
– An abstract, summarizing the technical content of the invention (max. 250 words or 150 words with a drawing);
– If priority is claimed, mention of the country and date of the prior application.

Note: power of representative is neither required for a qualified French patent attorney nor for an “Avocat” (French attorney-at-law).

Remarks

National Phase of PCT: under Chapter I: 31 months; under Chapter II: 31 months.
Duration: patent issued after formal and substantive examination – valid for 20 years.
Annuities: due on the last day of the anniversary month of the filing. It is not possible to pay the annuities in advance, except for the one due in the current year. If an annuity has been paid prior to the end of the anniversary month and if an official tax increase has been decided before the due date, the increase is to be paid in due time to keep the payment valid.
Observations: may be presented by third parties from the publication of the application up to three months after the publication of the preliminary search report.

 

Trade and Service Marks

– Book VII of the Intellectual Property Code.

Membership in International Conventions

– Paris Convention.
– Madrid Agreement and Protocol.

Filing Requirements

– Power of representative (not required for a qualified French trademark attorney nor for an “Avocat” (French attorney-at-law));
– Priority document within three months from the filing, along with French translation thereof.

Remarks

Duration – renewals: 10 years from the end of the month of the filing date; renewable for further periods of 10 years.
Obligation to use the registered mark: a registered mark that has not been used genuinely by the owner or by a third party with the consent of its owner within a five-year period from publication of registration, and without good reason, may be liable to revocation upon request of an interested party.
Observations: within a two-month period from the publication of the application, observations may be filed by anyone at INPI.
Opposition: may be filed within a two-month period from the publication of the application by the owner or exclusive licensee of a prior trademark or a prior application.

 

Industrial Designs

Legal Basis

– Book V of the Intellectual Property Code.

Membership in International Conventions

– Paris Convention.
– Hague Agreement, Geneva Act.

Filing Requirements

– Power of representative (not required for a qualified French trademark attorney nor for an “Avocat” (French attorney-at-law));
– jpg or bmp files for the reproduction of the model;
– Nature of the model or design according to the Locarno Agreement, a short description may be provided;
– Priority document within three months from the filing, along with the French translation thereof.

Remarks

Duration: after formal examination: 5 years from the filing date. Renewable up to 25 years.
Opposition: none.
Cancellation: possible when the design lacks novelty or “individual character”. Only French courts may pronounce the cancellation of a design or a model. Cancellation actions against designs – as a principal or counterclaim – are not subject to any limitation period.

 

Domain Names

Filing

ccTLD: .fr; .re (for Réunion)
Applicant: individuals and legal entities.
Local presence: required, except for foreign companies or persons having their headquarters/main office or residence within the EU, Iceland, Liechtenstein, Norway or Switzerland.

Remarks

Duration – renewals: one year, renewable.
Uniform dispute resolution procedure: an alternative dispute resolution (ADR) procedure is available before AFNIC (Administrator of French top-level domains).

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