Areas of practice > PIracy & Counterfeiting
Fight against piracy & counterfeiting
Counterfeited goods infringing intellectual property rights (patents, supplemental protection certificates, plant variety rights, designations of origin, geographical indications, trade marks, copyrights) is a huge concern in all economic sectors, from luxury products to pharmaceuticals and consumer goods, which may also involve safety or public health issues.
EU Customs Regulation No. 1383/2003 allows customs to withhold goods infringing intellectual property rights at the EU port of entry and, if necessary, to have them destroy.
We help our clients to define and implement
their anti-counterfeiting strategy, in particular by collaborating with
customs so as to block the importation of infringing goods.
In France, a Statute ("Loi") of October 29, 2007 implementing EU Directive 44/2001, and subsequent amendments to the French intellectual property code, have strengthened the legal means of protection afforded to right holders by harmonizing the civil procedures available to fight against patent, trade mark, copyright and design infringement. It has become possible to obtain ex parte interim injunctions in certain cases. The possibility has been given to judges to increase the amount of damages in judgments against IP infringers.