8. What instruments are available to gather evidence of counterfeiting and the associated damage?

To be successful in an infringement action, the patent owner must be able to prove :

• the materiality of the alleged acts of infringement;

• the damage suffered as a result of these acts.

Infringement may be proven by any means (article L. 615-5 of Code de la propriété intellectuelle ), i.e. no particular method of proof is required. On the other hand, these means must of course remain lawful. In particular, it is possible to produce :

• information freely accessible or consultable on the Internet (presentation brochures, advertisements, product descriptions, etc.);...