Overview of case law on the collection of evidence in IP cases in France
The collection of evidence in IP cases in France is a hot topic over the last two years or so. Several traps should now be avoided to have reliable evidence showing the alleged infringement before the courts.
French law shifts the burden of proof on the claimant and infringement may be demonstrated by any means. Without being able to be totally exhaustive, different cases relate to bailiff reports, proof to be provided for having a saisie-contrefaçon (infringement seizure), and the assistance of the patent attorney in infringement seizure.