A new powerful tool in our anti-counterfeiting Law: the decree n°2014-1550 of december 19 2014 was at last published in France.
It will be easier to introduce and conduct actions in Court against counterfeiters and infringers
It's already included in the IP Code since december 22 !
Before Law 1544/2007 came into force, the French courts usually granted damages on the basis of the loss suffered by the rights holder, without taking into consideration the infringer's profits. However, since the implementation of the new law the courts must consider the negative impact of the infringement, including not only the loss of profits, but also the infringer's profits and the moral harm to the IP right. Article L716-14 of the IP Code states that the court may, as an alternative, grant the rights holder damages equivalent to the royalties that it would have received had the infringer been a licensee.
In addition, the court may order the publication of extracts of the decision in newspapers or magazines and on websites. The court may also order the destruction of the infringing products, and of the instruments and materials used in their manufacture, at the defendant's cost.
Customs have reinforced inspections of merchandise sent by mail or express freight with the objective of intercepting counterfeit articles purchased online.
The sale of counterfeit products on internet auction websites or retail websites is an infringement. Individuals offering counterfeit products for sale on the Internet that are available to French consumers may be sued before the French courts.
In addition, the French courts consider that the unauthorized sale and use on the Internet of keywords reproducing registered trademarks constitute infringing acts.
According to the art L 716-9 of IP Code (http://www.legifrance.gouv.fr/affichCodeArticle.do?idArticle=LEGIARTI000028716946&cidTexte=LEGITEXT000006069414&dateTexte=20141222&oldAction=rechCodeArticle&fastReqId=556296296&nbResultRech=1, counterfeiting is a criminal offense: the punishments for such unauthorized infringements are an imprisonment for up to 4 years and a fine of up to 400.000 € either or both
Find the decree n°2014-1550 of december 21, 2014: http://www.legifrance.gouv.fr/eli/decret/2014/12/19/2014-1550/jo/texte