Practical sheet | REF: FIC1639 V1

Counterfeiting: taking action

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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6. Assess the loss and the amount of compensation

Independently of prohibition measures, the aim of infringement actions is generally to obtain compensation for the damage suffered as a result of infringing acts.

In legal proceedings, each party must prove "the facts necessary for the success of its claim" (article 9 of Code de procédure civile ). In terms of compensation, this principle translates into the need to demonstrate :

  • the existence of the loss suffered ( ...

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