The new French law on the "Fight against infringement" now offers the opportunity to take action against imminent infringement. Pauline Debre, Bird & Bird, discusses the first case in which a French judge has ordered a preliminary measure in a case of imminent infringement.
"On October 20, 2009, the Lyon Court of Appeal upheld a decision of the President of the Lyon First Instance Court, and became the first jurisdiction in France to apply one of the new provisions of Law n°2007-1544 of 29 October 2007 on the "Fight against Infringement".
This provision (new article L.615-3 of the French Intellectual Property Code) gives the patentee the possibility of requesting that the judge in charge of summary proceedings order preliminary measures to prevent an imminent infringement if it is likely that the patentee’s rights are about to be infringed. Previously the Court could only forbid the continuation of infringing acts.
In this case, two pharmaceutical companies, MUNDIPHARMA GmbH, the owner of a patent covering a controlled release formulation of Tramadol (an analgesic), and GRUNENTHAL, the exclusive licensee of the patent, asked the judge of the summary proceedings to order preliminary measures against Mylan.