Pharmaceutical trademarks—France—Q&A guide
Pharmaceutical trademarks—France—Q&A guide

The following Life Sciences practice note provides comprehensive and up to date legal information covering:

  • Pharmaceutical trademarks—France—Q&A guide
  • 1. What is the primary law governing trademarks in your jurisdiction?
  • 2. Which agency is responsible for the grant and registration of pharmaceutical trademarks?
  • 3. What are the relevant national and international regulatory bodies and requirements that need to be considered when clearing a pharmaceutical trademark?
  • 4. What non-traditional trademarks are available in your jurisdiction and how are they registered?
  • 5. Does your jurisdiction allow the registration of cannabis-derived products?
  • 6. What are the rules governing parallel imports of pharmaceutical goods?
  • 7. What strategies are available to police and enforce against parallel imports?
  • 8. What types of legal or administrative proceedings are available to enforce against infringing products?
  • 9. What are the available remedies for infringement?
  • More...

This Practice Note contains a jurisdiction-specific Q&A guide to pharmaceutical trademarks in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: February 2021).

Authors: Fiducial Legal By Lamy—Karine Disdier-Mikus

1. What is the primary law governing trademarks in your jurisdiction?

Code de la Propriété Intellectuelle (Intellectual Property Code).

2. Which agency is responsible for the grant and registration of pharmaceutical trademarks?

 The National Industrial Property Institute.

3. What are the relevant national and international regulatory bodies and requirements that need to be considered when clearing a pharmaceutical trademark?

No authorisation is required to register pharmaceutical trademarks.

4. What non-traditional trademarks are available in your jurisdiction and how are they registered?

Non-traditional trademarks including sound, colour and shape marks, as well as motions, multimedia, holograms and patterns are available in France.

The erstwhile requirement for graphical representation of trademarks was removed by Directive (UE) 2015/2436. Accordingly, as of 11 December 2019, the Intellectual Property Code defines a trademark solely with reference to its indication of origin function.

However, a trademark must still be capable of being represented precisely and clearly on the national trademark register. The National Industrial Property Institute advises that this condition is technically difficult to satisfy in the case of olfactory and taste marks, thus preventing at present their registration as trademarks.

For sound, motion and multimedia marks, they are registered based on the

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