Law Implementing Directive 2004/48/CE of 29 April 2004 Relating to the Enforcement of Intellectual Property Rights, as amended

Document type
Legislation
Country
providing that the President of the District Court ("Tribunal d'arrondissement") may issue an interim injunction, upon request of a person authorised to file an action for counterfeiting, against an intermediary whose services are used by a third party to infringe an intellectual property right designed to:
  1. prevent any imminent infringement to an intellectual property right;
  2. prohibit, on a temporary basis, the pursuit of the alleged infringements to an intellectual property right;
  3. subordinate the pursuit of the alleged infringements to the constitution of guarantees designed to ensure the indemnification of the requesting party; or
  4. order the seizure of the goods suspected to infringe an intellectual property right in order to prevent their introduction or their movement within the commercial channels (art 27)
Country
Year
2009
Topic, claim, or defense
Copyright
Other IP
Document type
Legislation
Issuing entity
Legislative Branch
Type of service provider
Internet Access Provider (Including Mobile)
Issues addressed
Trigger for OSP obligations
Type of law
Civil
General effect on immunity
Weakens Immunity
General intermediary liability model
Takedown/Act Upon Court Order