Counterfeiting: the 4 things you absolutely need to know

What is counterfeiting?

With the development of globalization and trade, the phenomenon of counterfeiting has experienced a certain expansion and affects all countries and all economic sectors. If previously counterfeiting mainly impacted luxury products and brands, today it concerns all types of products and all brands. Contrefaçon : les 4 choses que vous devez absolument connaître Contrefaçon : les 4 choses que vous devez absolument connaître

📌 Namely:

Counterfeiting is the fact for a person, the counterfeiter, to reproduce, imitate or use a brand, a design or model, a patent or a copyright without the authorization of its owner. It also suggests the authenticity of the copy. Counterfeiting is therefore a violation of intellectual property rights.

Different practices are considered counterfeit(1):

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How to detect a counterfeit?

Contrefaçon : les 4 choses que vous devez absolument connaître

It is not always easy to detect a counterfeit. How to have the right gestures, the right reflexes? The phenomenon of counterfeiting and the difficulties in apprehending it are such that the Directorate General for Competition, Consumption and the Repression of Fraud (DGCCRF) and the European Union have determined certain clues and certain tricks making it possible to presume a counterfeit.

💡 Before any purchase, consider carefully examining the product presented to you, counterfeits are often of lower quality than the originals.

Abnormally low prices are another indication. As soon as the offer seems too good to be true, beware, there are probably reasons to think that they are not originals.

Above all, check that the brand and logo appear correctly. Sometimes the counterfeits are blatant.

When shopping on the Internet, the seller may not be clearly identified, another sign that may give you a clue. In this case, do not hesitate! Ask questions, ask him about the origin of the product, its routing and questions of legality! If in doubt and in the absence of an answer, do not continue with the purchase and refer to the brand's website!

How to act against counterfeiting?

When you are the victim of trademark counterfeiting, whether you are a professional or a consumer, you can contact the DGCCRF, the control services present in each department, as well as the Regional Directorates for the Economy, Employment, Labor and Solidarity (DREETS, formerly Direccte) of a claim, regardless of the product concerned.

You can also assert your rights in court, whether before the criminal court and/or before the civil court (2)!

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What are the risks of counterfeiting?

Be aware that possessing and wearing counterfeit products or selling counterfeit products is a crime! Clearly, consumers and professionals can be penalized and the consequences can be serious!

📌 In the event of counterfeiting, you incur a penalty of up to 3 years in prison and a fine of 300,000 euros (3). Penalty of up to 7 years in prison and a fine of 750,000 euros in the event of aggravating circumstances (4).

📌 You also incur a civil penalty. Indeed, you can be condemned to the payment of damages, because of the damage caused to the owner of the mark or the patent.

📌 Finally, you incur customs penalties such as the confiscation of the goods (5) or a fine of up to 2 times the value of the goods (6).