Combating counterfeiting and procedures for seizing counterfeit goods: initiating legal action
Intellectual Property Attorneys play a key role in anti-counterfeiting and seizure operations. We bridge the gap that can exist between the world of industry and technology on the one hand, and the legal and judicial world on the other, so that all stakeholders can understand each other.
For greater responsiveness and efficiency in litigation management, we share our Paris offices with the law firm GREFFE. Furthermore, LE GUEN & ASSOCIÉS has a network of colleagues and specialized lawyers abroad. This network allows us to initiate arbitration or judicial proceedings before the competent local courts.
A licensing or assignment agreement must be submitted in writing and registered with the INPI (French National Institute of Industrial Property) in the appropriate National Register. These formalities must also be completed with national and international offices to make the agreement enforceable against third parties.
Our firm is authorized to assess the sale price of an industrial property right or to recommend the amount of royalties to be paid based on the technologies and territory of exploitation. We are authorized to carry out an evaluation of a patent, trademark, or copyright…
We therefore assist you in negotiating, drafting, and registering assignment, licensing, technology transfer, confidentiality, and know-how agreements in France and abroad. We can also draft manufacturing, distribution, and franchise agreements.
How to protect yourself from counterfeiting?
To protect and defend creations against counterfeiting, every creator must undertake a process of registering their creation, whether it is of a technical or artistic nature, for commercial purposes or not, with the relevant offices through an Intellectual Property Counsel in order to act under the best conditions before the competent Courts.
It should be noted, however, that no formalities are required for copyright: the mere act of creating an original work grants its creator copyright protection. Nevertheless, the author should ensure they can prove the existence of their rights in the event of a seizure for infringement.
How does a litigation procedure unfold?
To prove counterfeiting, in practice, armed with his order, the bailiff goes to the premises to carry out a seizure of counterfeit goods, accompanied by an expert independent of the parties, a photographer and a representative of the public force.
The presence of a professional or an expert in Industrial Property is crucial for drafting the report of findings, an essential document for magistrates to assess the infringement.
As foreign nationals, our experience allows us to combat counterfeiting, initiate legal proceedings in major industrialized countries, and request customs seizures.
