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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6. What situations are exclusive to counterfeiting?

Cannot characterize an infringement ( article L. 613-5 du Code de la propriété intellectuelle ):

  • acts performed privately and for non-commercial purposes;

  • acts performed on an experimental basis which relate to the subject matter of the patented invention;

  • the preparation of medicines extemporaneously and by unit in pharmacies, on medical prescription, and procedures relating to medicines prepared in this way;

  • studies and trials required to obtain a marketing authorization for a drug, and the procedures necessary to carry them out and obtain authorization;...

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What situations are exclusive to counterfeiting?