No parasitism without intent: simply taking up a concept is not enough

RLDI - June 2025
Floriane Codevelle and Nathan Audinet

Based on Article 1240 of the French Civil Code, the action for parasitism – or parasitic competition – is a judge-made remedy intended to sanction those who unduly profit from the efforts, know-how, reputation, or investments of a third party.
Unlike an action for infringement, an action for parasitism does not require any intellectual property rights. It also differs from an action for unfair competition in that it does not require evidence of a likelihood of confusion.

In an article published in the June issue of the Revue Lamy Droit de l’Immatériel, Floriane Codevelle and Nathan Audinet comment on the French Supreme Court’s decision of 5 March 2025, which, in line with the ongoing judicial construction in the area of economic parasitism, reiterates the conditions for bringing a parasitism claim. The Court also reaffirms that the mere reproduction of a concept is not sufficient to constitute a fault: it must also be shown that the defendant deliberately positioned themselves in the claimant’s economic wake.

This article has been published on the RLDI dated June 2025. For more information, please go to Lamy website.