Unlike other countries, such as the US, France has a conservative approach of when and how IP right holders are entitled to disclose a pending infringement dispute to their clients and investors, under the legal concept of “disparagement”. France takes this step in order to limit the negative impact on the competitor resulting from disclosure at a too-early stage of the pending dispute. The French Supreme Court long ago established the principle that an IP right holder’s disclosure to a client of an infringement claim against a competitor before any legal decision had been rendered made the IP right holder civilly liable for disparagement.
Our recent client alert provides answers to how and when to disclose a pending IP dispute in France