What is counterfeiting?
According to the French Institute of statistics and economic studies (INSEE), counterfeiting is defined as “the reproduction, imitation or total or partial use of a trademark, design, patent, software or copyright, without the authorization of its holder, by claiming or implying that the copy is identical”.
Counterfeiting is the situation where a third party uses a patent or other intellectual property right without prior consent, that is to say without having signed an operating license agreement with the owner of the IP right. For the company owning the patent, this can result in a direct decrease in its turnover which can have serious consequences on its financial balance. It can also impact on the brand image if the counterfeiting goods are of poor quality for instance.
The infringement action with Brandon IP
You are the holder of an intellectual property right and you have noticed that a third party is using your innovation without your authorization? You have to act as promptly as possible so as not to jeopardize your business.
As Intellectual Property attorneys, Brandon IP’s experts are able to assist in infringement actions before the courts when it is affecting your intellectual property rights, including your patents.
Therefore, we collaborate with intellectual property lawyers with expert knowledge.
Our support alongside our customers concerns both attack and defense of your rights, whether you are counterfeited or accused of counterfeiting.
If you have found a violation of one or more of your patents, trademarks or other IP right, various degrees of action are possible.
As a first step and after the first verifications of rights have been carried out, it is possible to contact the opposing party through a cease and desist letter. Indeed, the company involved may not be aware of your prior rights and may not know that it is infringing. This first contact might often be successful.
An action for infringement can also be brought before the competent Court, with evidence of the infringement of your patents, trademarks, etc. (for example following a seizure for counterfeiting, or a purchase statement with a bailiff, etc.).
The Court may pronounce civil and/or penal sanctions against the infringer, such as the payment of damages or the destruction of the goods, or even imprisonment in the most serious cases.
Initiating an action for infringement requires a comprehensive knowledge of the principles of intellectual property law. This is the reason why it is advisable to be assisted by a firm specializing in intellectual property, patents, trademarks, designs, litigation, prelitigation, etc.
Such an action generates costs and procedural delays are to be taken into account. As such the path of negotiation can always be reconsidered during the infringement procedure if you think that it can be in your favor.
The rules of implementation, limitation and deadlines relating to these legal actions are very specific to the subject matter of intellectual property and justify consulting specialists.
Contact us for additional information or if you would like to submit a particular case to us regarding legal actions for infringement.
Intellectual Property attorneys close to you and your expectations
Since 1866, Brandon IP, formerly known as Blétry Frères, has supported its clients in protecting and defending their intellectual property rights. It is one of the oldest intellectual property firms in France – if not the oldest nowadays. We help companies of all sizes and independent project holders in securing their inventions in a fully customized way and as closely as possible to their needs.
As a guarantee of our expertise, Brandon IP is ranked among the best French IP law firms by Décideurs Magazine (Leaders League).
Our patent team is composed of patent attorneys, engineers and experts in various technical fields as well as legal assistants. The attorneys are in charge of advising, studies, prior art searches, drafting of patent applications, etc.
Meet our team here: www.brandon-ip.com/your-contacts/
To learn more about our services, please do not hesitate to contact us.