ADOPTION BY THE FRENCH SENATE OF THE BILL RELATED TO THE FIGHT AGAINST COUNTERFEITING [1]

 

On 26 February, the Senate adopted the text of the reinforced anti-counterfeiting bill without making any amendments. This text had been approved by the National Assembly.

The text amends the French Intellectual Property Code, Customs Code, Internal Security Code and the Post and Electronic Telecommunications Code.

 

  • Increased civil damages awarded to victims of counterfeiting[2]: to establish the amount of the damages, the court must specifically take into consideration the negative economic impact of the counterfeiting, including loss of revenue and the loss suffered by the victim, the victim's non-material prejudice and the gains made by the counterfeiter, including investment savings; 
  • The adoption of a period of five years for all limitation periods under the Intellectual Property Code; 
  • An alignment of the infringement seizure procedure applicable to copyrights with the one effective in other intellectual property fields; 
  • Provisions related to detention by Customs, as well as the extended jurisdiction of Customs in matters related to infiltration and undercover purchase operations (consisting in a Customs officer proceeding with the acquisition of a certain quantity of goods suspected of being counterfeit in order to verify whether or not said goods are counterfeit) to cover all counterfeit merchandise; 
  • A clarification of the right to information in infringement proceedings. 

 

This text should be promulgated within the next few days.

Contact:

Grégoire Goussu   

 

[1] Bill reinforcing the fight against counterfeiting (final text), 26/02/2014

 

[2] Article 2, Chapter II Terms related to an improvement in civil damages,

 Bill reinforcing the fight against counterfeiting (final text), 26/02/2014 

 

Publication date : March 2014

 

Back to list
Find an Expert
Sign Newsletters