Practical sheet | REF: FIC1637 V1

Counterfeiting: prepare your case and anticipate the risks

Author: Jérémy BENSOUSSAN

Publication date: July 10, 2017 | Lire en français

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5. What constitutes counterfeiting?

Counterfeiting is an "infringement of the monopoly conferred by a patent" ( Cass. com. 30-1-2001, n° 98-13.641 ). This monopoly, backed by a title of ownership, takes the form of prohibitions that must be respected by third parties (see What rights are conferred by the patent [FIC 1634] ). The territorial scope of these prohibitions coincides with that of the patent's effectiveness: France...

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What constitutes counterfeiting?