Unfair competition

A claim for unfair and parasitic competition may be joined to a claim for infringement, but the two claims must remain separate.

The two actions have different objectives. The purpose of the infringement action is to defend intellectual property rights, while the purpose of the action for unfair and parasitic competition is to repair the damage caused by breaches of commercial fairness. It is therefore necessary to be able to invoke acts of unfair competition separate from acts of infringement in order to obtain compensation for the alleged damage.

Action for unfair and parasitic competition may be preferred to action for infringement when the infringement is not certain. In this case, action for civil liability allows greater latitude in the action but poses greater difficulty in proving the case.

The aim is not to standardize situations but to consider each case in its entirety.

We assist you and ensure a follow-up within the framework of:

  • follow-up of a deposit with a bailiff in order to give a certain date to a specific creation,
  • the filing of customs surveillance files.

We represent you in copyright disputes.