Plagiarism

Contrary to contrefaçon (infringement), plagiarism is not a legal concept in French law. It is a literary notion, indicating that an author has imitated the style of another author.

Why this entry exists

Clients — French and American alike — routinely complain that a competitor has “plagiarized” their brand, logo or product. The term appears nowhere in the Intellectual Property Code: plagiarism as such is not prohibited. Only infringement (contrefaçon) is — and it is the concept lawyers should use. The situation mirrors US law, where “plagiarism” is an academic and ethical notion while the actionable claims are copyright or trademark infringement; the difference is that French practitioners regard the very use of the word “plagiat” in legal argument as a red flag.

Practical translation

When a client describes “plagiarism” of a brand, the legally relevant questions are:

• Is a sign identical or similar to the earlier mark being used for identical or similar goods or services — i.e., trademark infringement (see trademark imitation and likelihood of confusion)?
• Or is an original work being copied — i.e., copyright infringement (also called contrefaçon in French law)?

Framing the complaint under the correct legal category is the first step of any enforcement strategy — see trademark infringement in France.

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