Practical sheet | REF: FIC1639 V1

Counterfeiting: taking action

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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7. Determine which claims to make to the court

In addition to claims for damages, the writ of summons contains a number of other demands, which need to be specified. These generally include a prohibition on further infringement, possibly accompanied by a fine.

But they can also cover :

  • the recall from commercial channels, withdrawal, destruction or confiscation of products recognized as counterfeit, as well as the materials and instruments used in their creation or manufacture (Article L 615-7-1 of the Code de la propriété intellectuelle );

  • additional reparation measures, such as judicial publication of the judgment (article L. 615-7-1 of

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Determine which claims to make to the court