What does the law say?

Did you know? The pirate analogy comes from the idea that, like a ship full of riches, corporate innovations are a treasure that counterfeiters seek to plunder.

The notion of intellectual property states that an invention belongs first and foremost to its author. The author of an innovation or a creation can thus claims to obtain an intellectual property title, which gives him rights and gives him protection against copying and theft.

It is the intangible heritage, constituted by these intellectual property titles, which is targeted by counterfeiting.

Counterfeiting is an offense governed by the Intellectual Property Code:
Article L. 335-2 of the Intellectual Property Code:
Counterfeiting is an infringement of an exclusive intellectual property right, whether literary, artistic property (copyright or neighboring rights) or property industrial (patent, trademark, design or model).

The offense of counterfeiting, in Law, includes the reproduction, imitation or use (total or partial) of an element protected by intellectual property, that is to say a valid industrial property title: trademark, patent or registered model, or a work protected by copyright.

In other terms, a trademark can take the form of a designate a logo, a drawing, a technical process, a geographical name, a book, a video game, etc.

Good to know: The customs offense of counterfeiting incriminates both the manufacturer and the counterfeit seller. In the case of illicit goods, the buyer can also be accused of possession and receiving stolen goods.

CUSTOMS SANCTIONS

• Fine up to twice the value of the original property,
• Seizure of the incriminated merchandise, and where applicable, the material assets used for counterfeiting as well as the profits received.

PENALS SANCTIONS

• Fixed fine of 300,000 euros and up to 3 years in prison,
• Penalties increased to 750,000 euros and 7 years in prison in the event of aggravating circumstances*.

* “Aggravating circumstances” refer to factors which can increase the seriousness of an offense and therefore the severity of the sanction. In the context of counterfeiting, this includes acts committed by an organized gang, or the endangerment of others by counterfeiting.

CIVIL SANCTIONS

• Damages paid to the complainant in the form of financial compensation, which amount is assessed by the court based on direct losses (profits lost due to the infringement) but also indirect losses (damage to reputation, loss of customer base).