Les articles L. 331-1, alinéa 1er, du code de la propriété intellectuelle et L. 211-10 du code de l’organisation judiciaire confèrent une compétence exclusive à des tribunaux judiciaires spécialisés. L’article D211-16 de ce dernier code précise que « Le siège et le ressort des tribunaux judiciaires ayant compétence exclusive pour connaître des actions en matière de propriété littéraire et artistique, de dessins et modèles, de marques et d’indications géographiques, dans les cas et conditions prévus par le code de la propriété intellectuelle, sont fixés conformément au tableau VI annexé au présent code. ». Ce tableau désigne 10 juridictions.
Mais la compétence exclusive ne vaut que si le litige ne soulève des questions mettant en cause les règles spécifiques du droit de la propriété littéraire et artistique. En conséquence, une action engagée sur le fondement de la responsabilité contractuelle de droit commun ne relève pas de la compétence de ces tribunaux lorsque la détermination des obligations contractuelles de chacune des parties contractantes et de leurs éventuels manquements n’est pas fondée sur la contestation des droits de propriété de propriété littéraire et artistique (Cass. Civ. 1re, 30 juin 2021, n° 20-11.866)
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