Practical sheet | REF: FIC1639 V1

Counterfeiting: taking action

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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3. Make sure you can take action against identified third parties

3.1 Informing "non-manufacturers

When a patented product is not offered, put on the market, used, held with a view to use or put on the market by its manufacturer, its author must be made aware of the facts (Article L. 615-1 paragraph 2 of Code de la propriété intellectuelle ).

In the absence of such knowledge, claims against the non-manufacturer will be rejected.

However, such knowledge is not without risk. It can result in the destruction of evidence of infringement.

In addition, the terms of the disclosure must be carefully considered: if, for whatever reason, the action...

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