What are the positive sides of the French judicial system in this respect? In a nutshell: a very efficient tool for gathering evidence of infringement, a reasonable time frame, affordable costs and a patent-friendly attitude.
Saisie-contrejuçon (search and seizure order for proving infringement) is a very powerful tool: it is so efficient-and-cheap that both the drafters of the Community Patent regulation and the drafters of the European Patent Litigation Agreement have adopt-ed it (to say nothing of the Proposal for a Directive of the European Parliament and of the Council on measures and procedures to ensure the enforcement of intellectual property rights which would oblige EU member states to introduce this in their statutory provision).
litigation remains one of the cheapest in
to the timeli•ame, it is rather comparable to that of
French courts are patent friendly or not answered by the
statistics 1990-1999 period. An average of 180
patent cases were decided each year by the court of Paris in first instance
and the patentee prevailed in 55% of cases (in 23% of cases the patent was
found invalid and in 22% the patent was found valid but not infrin
38 GUIDE TO THE WORLD’S LEADING PATENT LAW
38 GUIDE TO THE WORLD’S LEADING PATENT LAW EXPERTS