Definition

Counterfeiting is any infringement of a third party’s intellectual property rights, committed without authorization, involving works, inventions, trademarks, designs and models, or any other protected right.
It constitutes both a civil and criminal violation, which may give rise to legal actions for damages and to severe penalties.

In the field of intellectual property, counterfeiting covers:

• Trademarks: The use or imitation of an identical or similar sign for identical or similar goods or services.
• Patents: The manufacture, use, import, or sale of a protected invention without authorization.
• Designs and models: The reproduction or exploitation of a design or model without authorization.
• Copyright: The reproduction, performance, or distribution of a work without the author’s consent.

Practical importance

Counterfeiting undermines the value of intellectual property rights and can lead to economic losses, damage to reputation, customs and judicial seizures, and litigation.

Legal framework

• French intellectual property code (CPI)
  o Trademarks: L.713-2
  o Patents: L.613-3
  o Designs and Models: L.513-4
  o Copyright: L.122-4

Practical example

The sale of products imitating a famous brand, without the owner’s authorization, constitutes an act of counterfeiting.
The owner may obtain the seizure of the goods, their destruction, and the award of damages.

FAQ

1. How can I know if a product is counterfeit ?
   A product is suspected of being counterfeit if it reproduces or imitates a trademark, design, work, or protected invention without authorization. Abnormally low prices or poor-quality packaging are warning signs.

2. What are the consequences if I unintentionally sell counterfeit products ?
   Even without intent, your civil liability can be engaged, which may result in product withdrawal, payment of damages, and even criminal penalties depending on the severity.

3. How can I effectively protect myself against counterfeiting ?
   By registering your IP rights, monitoring the market and online platforms, and filing a customs intervention request to facilitate the seizure of counterfeit products.

Conclusion

Counterfeiting weakens companies and reduces the value of their intellectual property rights.
Adopting a proactive strategy combining registrations, monitoring, and swift actions, with the support of intellectual property attorneys, is essential to ensure lasting protection of intangible assets.