Infringement and counterfeiting are now a global scourge that affects all sectors (medicines, tobacco, toys, cosmetics, etc.), as revealed by the latest report of the French Union of Manufacturers (Unifab) on “the impact of counterfeiting from the perspective of French companies”. A 2011 OECD study, updated in 2016 by the International Chamber of Commerce (ICC), estimates that counterfeiting accounts for 5 to 7% of global trade.
Our lawyers are specialists in infringement litigations; they have proven expertise in this field, regardless of the industrial right invoked (action for infringement of trademarks, action for infringement of designs, action for infringement of patents, action for infringement of copyright).
From gathering evidence of infringement to litigations before the civil courts, our lawyers assist you both in claims (when your products or services are counterfeited) and in defence (in the case of infringement proceedings brought against your company).
Evidence of infringement
Establishing good evidence of infringement can be very challenging.
Our lawyers have proven expertise in methods of establishing evidence of infringement, and they can carry out the following actions:
- Preparation of in-store bailiff report operations;
- Preparation of internet bailiff report operations; and
- Preparation and planning of seizure for counterfeiting operations (preparation of a draft application and an order to submit to the President of the competent court).
Before initiating infringement proceedings, our lawyers look for an amicable resolution to the dispute. In the absence of an amicable solution, infringement proceedings may be initiated before the civil or criminal courts.
In case of civil proceedings, infringement action will be brought before the competent specialised courts once evidence of infringement has been obtained.
Our lawyers have recognised expertise in infringement litigation cases. We can therefore represent you as claimant or defendant in following proceedings:
- Trademark infringement proceedings;
- Copyright or industrial design infringement proceedings;
- Patent infringement proceedings;
- Software infringement proceedings; and
- Database infringement proceedings.
Our lawyers operate both in the context of emergency proceedings aimed at obtaining injunctions against infringement, and in the context of standard proceedings.
Compensation for infringement damage
Compensation for the damage caused by infringement has been significantly improved, in particular by Act No. 2014-315 of 11 March 2014 on Compensation for Acts of Infringement. The compensation regime for infringement damages differs from general civil liability law in that it takes into account of the negative economic consequences (including loss of profits), non-pecuniary damage and profits made by the infringers. Our lawyers can advise you on the type of proceedings to initiate in order to obtain fair compensation for damage suffered as a result of acts of infringement by third parties (seizure for counterfeiting, right to information procedure, etc.)
Acting against counterfeiting
Our lawyers can assist you on customs detention procedures and work in close cooperation with the customs authorities.
In this context, we carry out the following actions:
- Preparation and filing of customs declarations for the seizure of counterfeit goods, both in France and the European Union;
- Representation before the customs authorities in connection with customs seizures; and
- If appropriate, initiation of infringement proceedings before the civil or criminal courts.
Our other expertises