France offers robust legal protections for intellectual property — but navigating the system as an international company requires knowing which mechanisms apply to your situation, and how to enforce them effectively. Whether you are a foreign business expanding into the French market or a company that has discovered its IP is being infringed in France, this guide sets out the key tools available to you.
What Intellectual Property Rights Are Recognised in France?
France is a signatory to the major international IP conventions, including the Paris Convention, the Berne Convention, and the TRIPS Agreement. It is also subject to EU IP regulations, which means that certain rights — such as EU trademarks and Community designs — apply automatically across France and all other EU member states.
The main categories of intellectual property recognised under French law are:
- Trademarks — protected through registration with the Institut National de la Propriété Industrielle (INPI) or via an EU trademark (EUIPO)
- Patents — granted by INPI or via the European Patent Office (EPO) for inventions that are novel, inventive, and industrially applicable
- Copyright (droit d’auteur) — arises automatically upon creation of an original work; no registration required under French law
- Designs and models — protectable through INPI registration or as unregistered Community designs under EU law
- Trade secrets — protected since 2018 under French law implementing the EU Trade Secrets Directive
Trademark Protection in France: Where to Start
For most companies, trademark registration is the first and most important step. A registered trademark gives you the exclusive right to use your brand name, logo, or slogan in connection with specific goods or services in France — and provides the legal basis to take action against infringers.
You have two routes: file a French national trademark with INPI (covering France only), or file an EU trademark with EUIPO (covering all 27 EU member states, including France). For companies already operating across Europe, the EU trademark is usually more cost-effective and strategically sound.
One common mistake international companies make is assuming that a trademark registered in their home country automatically protects them in France. It does not. French courts will not enforce a foreign trademark registration against a French infringer unless that trademark has been extended to France through INPI, EUIPO, or the Madrid System via WIPO.
How French Copyright Law Protects Your Business
France has one of the strongest copyright traditions in the world, rooted in the concept of droit d’auteur — the author’s right. Protection arises automatically the moment an original work is created: software code, marketing materials, website content, technical documentation, photographs, and architectural plans are all protected without any registration formality.
However, proving ownership in a dispute requires evidence. French companies and their advisers often use a huissier de justice (bailiff) or an enveloppe Soleau (a dated envelope deposited with INPI) to create a timestamped record of creation. Digital timestamping services and blockchain-based tools are increasingly accepted as evidence before French courts.
For software specifically, French law treats computer programs as literary works, protected under copyright. If your company develops proprietary software used or deployed in France, you should ensure that employment contracts and supplier agreements clearly assign IP ownership to your company — French law does not always transfer rights automatically to the employer.
Protecting Trade Secrets and Confidential Business Information
Since the transposition of the EU Trade Secrets Directive into French law in 2018, companies can seek civil remedies against the misappropriation of confidential business information — including injunctions, damages, and the seizure of infringing goods. A trade secret qualifies for protection if it is secret, has commercial value because of its secrecy, and reasonable steps have been taken to keep it secret.
In practice, this means maintaining proper confidentiality agreements with employees, contractors, and business partners. French courts have been increasingly willing to enforce trade secret claims, but the burden is on the claimant to demonstrate that the information was genuinely kept secret and that the defendant obtained or used it unlawfully.
Enforcing Your Intellectual Property Rights in France
Registration alone is not enough — you must be prepared to monitor the market and enforce your rights when infringement occurs. France offers several enforcement mechanisms that international companies should be aware of.
The saisie-contrefaçon is a particularly powerful tool unique to French law. It is an ex parte court order that allows a bailiff (huissier) to enter premises — including those of a competitor or suspected infringer — and seize evidence of infringement before the defendant can destroy it. This procedure is available for trademarks, patents, designs, and copyright, and is frequently used as a first step in IP litigation in France.
Beyond seizure, French courts can grant injunctions, award damages based on actual harm and the infringer’s profits, and order the destruction of infringing goods. Criminal sanctions are also available for deliberate infringement, which can result in fines and imprisonment.
Frequently Asked Questions
Does my EU trademark protect me in France?
Yes. An EU trademark registered with EUIPO is valid in all 27 EU member states, including France, and gives you the same enforcement rights as a French national trademark. If you already hold an EU trademark, you do not need to file separately with INPI to be protected in France. That said, if your business is primarily focused on France, a national trademark with INPI may be processed more quickly and at lower cost. Feel free to reach out to LysLegal for a consultation.
Can I protect software under French intellectual property law?
Yes. French law protects computer programs as literary works under copyright (droit d’auteur). Protection arises automatically upon creation, without any registration requirement. However, it is essential to ensure that employment and contractor agreements clearly transfer IP ownership to your company — under French labour law, this transfer is not always automatic. For databases, a separate sui generis right may also apply. Feel free to reach out to LysLegal for a consultation.
What is a saisie-contrefaçon and when should I use it?
A saisie-contrefaçon is a court-ordered seizure of evidence of IP infringement, carried out by a bailiff without prior notice to the defendant. It is one of the most effective tools available to IP rights holders in France, because it preserves evidence before it can be destroyed. It is appropriate when you have reasonable grounds to suspect infringement and need to secure evidence quickly — for example, when a competitor is selling counterfeit products or using your trade secrets. Feel free to reach out to LysLegal for a consultation.
How do I protect my trade secrets when working with French partners or employees?
Trade secret protection in France requires that you take active, documented steps to maintain confidentiality. In practice, this means having robust non-disclosure agreements (NDAs) in place with employees, contractors, and business partners, restricting access to confidential information on a need-to-know basis, and implementing internal policies that identify and protect sensitive business information. French courts will assess whether these measures were genuinely in place when deciding whether to grant protection. Feel free to reach out to LysLegal for a consultation.
Do I need a French lawyer to register or enforce my IP rights in France?
For INPI trademark or patent applications, a French IP attorney (conseil en propriété industrielle) is recommended but not always legally required. However, for enforcement proceedings — including saisie-contrefaçon, injunctions, and litigation before the Tribunal judiciaire — you will need to be represented by an avocat admitted to the French bar. If you are dealing with both strategic IP advice and potential litigation, it is advisable to work with a law firm that can cover both. Feel free to reach out to LysLegal for a consultation.
For tailored advice on protecting your intellectual property in France, contact LysLegal. George Apostol is an English-speaking lawyer at the Paris Bar with experience advising international companies on French commercial and corporate law. You can also read more about our broader legal services in France or our expertise in French corporate law.