France has been a member of the Union of the Paris Convention since 7 July 1884 and, therefore, since that date has applied Article 6bis of that Convention, as embodied in Article 16.2 of the TRIPS Agreement.
In this connection, Article L 711-4a of the Intellectual Property Code provides that a sign prejudicing "(...) an earlier mark that has been registered or that is well known within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property" cannot be registered as a mark.
Article L 714-3 provides for the nullity of such marks.
With respect to Article 16.3 of the TRIPS Agreement, the Intellectual Property Code contains a similar provision. Article L 713-5 of the Code provides that:
"Anyone who uses a mark enjoying repute for goods or services that are not similar to those designated in the registration shall be liable under civil law if such use is likely to cause prejudice to the owner of the mark or if such use constitutes unjustified exploitation of the mark.
The provisions of the foregoing paragraph shall apply to the use of a well-known mark within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property referred to above."
