Counterfeiting attorney
Act fast, strike hard against counterfeiting.
Our counterfeiting law firm in Paris is distinguished by its expertise in counterfeiting matters and its ability to achieve concrete results for our clients. We make every effort to defend your interests with determination and efficiency, whether through civil and commercial litigation before the courts or through amicable negotiations.
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What is the role of a Counterfeiting attorney ?
An infringement lawyer prepares the seizure petition (Articles L.332-1, L.521-4, L.615-5 and L.716-4-7 IP Code), brings proceedings on the merits within 20 working days or 31 calendar days (Article R.332-3 IP Code) and secures damages, product recall and judgment publication (Article L.335-2: three years' imprisonment and €300,000). Consult one upon discovering a copy, before any contact with the infringer.
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Practical examples
Seizure of 30,000 counterfeit products at a trade show
A leather goods brand discovered copies of its designs exhibited at a trade show. An emergency seizure order was obtained, the products documented, and action initiated resulting in €80,000 in damages.
Mass removal of counterfeits on Amazon and AliExpress
A jewelry designer faced dozens of sellers copying their registered designs. A systematic reporting program was implemented and over 200 listings removed in 3 months.
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What is counterfeiting ?
Counterfeiting constitutes both a civil wrong actionable under Articles L.331-1 et seq. of the Intellectual Property Code (for copyright) and L.716-4 et seq. (for trademarks), and a criminal offense (Articles L.335-2 et seq.), whereby products or works are reproduced, imitated, or sold without the authorization of the legitimate rights holder.
In practice, civil action is the most common route, though criminal proceedings may also be pursued. Counterfeiting can have significant economic repercussions by creating unfair competition and affecting the reputation and value of original products.
It also covers software (Art. L.122-6 IPC). Cybersquatting (the abusive registration of a domain name) does not in itself amount to counterfeiting: it may qualify as such where it reproduces or imitates a protected trademark (Art. L.713-2 IPC), but more often falls under unfair or parasitic competition actions (Art. 1240 of the Civil Code) or extrajudicial procedures such as UDRP (ICANN, gTLDs) and SYRELI / PARL Expert (AFNIC, .fr ccTLD).
Why hire a counterfeiting attorney ?
Hiring a specialized counterfeiting attorney is essential to protect the intellectual property rights of your works and your economic interests. In cases of design, trademark, or patent counterfeiting, an industrial property attorney guides and represents you before the competent courts.
They ensure that the counterfeiting action, whether based on copyright, designs and models, or patents, is conducted rigorously, from the seizure of counterfeit goods to obtaining compensation for moral and financial damages.
Process of a counterfeiting action.
Preliminary steps: from consultation to seizure-counterfeiting.
In the preliminary steps, we assess the situation and determine the best actions to take. This may include consultation with our specialized attorneys, evidence collection through a bailiff, and, if necessary, requesting a seizure-counterfeiting to preserve evidence.
Trial proceedings and defense of your rights.
During the trial, we represent your interests before the competent court and defend your intellectual property rights. We present strong arguments and convincing evidence to obtain a favorable decision in your favor.
Obtaining damages and enforcement of judgments.
After obtaining a favorable court decision, we work to obtain damages to compensate for the harm suffered. We also ensure that the decision is properly enforced to guarantee respect for your intellectual property rights.
Our counterfeiting law services.
Preventive advice and assessment.
We offer preventive advice and assessment services to help our clients identify and prevent counterfeiting risks. Our attorneys analyze your situation and propose adapted legal solutions to protect your intellectual property rights.
Counterfeiting complaint filing and management.
We handle all stages of filing and managing counterfeiting complaints, including drafting summons, seizure requests, and court representation. We ensure your interests are defended effectively and professionally as an intellectual property rights holder.
Enforcement of court decisions.
Once a court decision has been rendered in your favor, we handle its enforcement to ensure counterfeiters comply with injunctions and pay the damages owed to you as a victim.
The French and European framework against counterfeiting.
Anti-counterfeiting enforcement in France relies on the French Intellectual Property Code, supplemented by Regulation (EU) No 608/2013 on customs intervention and Directive 2004/48/EC on the enforcement of intellectual property rights. The right holder benefits from a civil, customs and criminal arsenal, modular according to strategy.
The civil infringement action.
Civil action allows obtaining an injunction against infringing acts under penalty payment, recall and destruction of products, publication of the decision and damages. The calculation of damages (IP Code L.331-1-3, L.521-7, L.615-7, L.716-4-10) takes into account the negative economic consequences suffered, moral prejudice and unduly realized profits.
The court may alternatively award a lump-sum amount higher than the royalties that would have been due.
Saisie-contrefaçon: the gold-standard evidence.
Governed by Articles L.332-1 (copyright), L.521-4 (designs), L.615-5 (patents) and L.716-4-7 (trademarks) of the IP Code, the saisie-contrefaçon is ordered ex parte by the President of the Judicial Court. The bailiff conducts a detailed description of the disputed products, takes samples and may seize the entire stock.
Proceedings on the merits must be initiated within 31 calendar days or 20 working days (whichever is longer), failing which the seizure is null.
Customs intervention.
Regulation (EU) No 608/2013 allows right holders to file an application for action with the French customs administration (DGDDI) as national desk, coordinating where relevant with OLAF (European Anti-Fraud Office) at Union level, valid for one year renewable. Customs detain suspect goods for 10 working days (3 days for perishable goods) to allow the holder to take action.
The simplified destruction procedure (Article 23) allows, absent opposition from the declarant, destruction of goods without judicial proceedings.
The criminal route.
Copyright infringement (IP Code L.335-2) is punishable by 3 years' imprisonment and a €300,000 fine.
For trademarks, a distinction must be drawn depending on the act: holding, offering, selling, reproducing, imitating or affixing an infringing trademark falls under Article L.716-10 CPI (3 years / €300,000); importing, exporting, re-exporting, transshipping, industrially producing or instructing such acts fall under Article L.716-9 CPI (4 years / €400,000). Penalties are raised to 7 years and €750,000 when committed by an organised group, when the acts are committed online on a public communication network, or when they involve goods dangerous to health or safety.
Legal entities face fines multiplied by five, business closure and confiscation of infringing goods. The public prosecutor may be seized by simple complaint or with civil-party application.
Strategic methodology in counterfeiting litigation.
Counterfeiting is both a civil and criminal offence under French and EU law. We deploy a multi-layered strategy combining seizure-counterfeit operations (saisie-contrefaçon, Articles L. 332-1, L. 521-4, L. 615-5, L. 716-7 of the French Intellectual Property Code), customs detention requests under Regulation (EU) 608/2013, and criminal complaints carrying up to 4 years imprisonment and €400,000 fines (Article L. 335-2 IPC). For online counterfeiting, we activate the Digital Services Act (DSA, fully applicable since 17 February 2024) and compel marketplaces to act under Article 22 DSA. Our team has handled cases involving luxury goods, software, fashion drops and collectible art, including 3D printing reproductions and AI-generated counterfeits.
Cross-border enforcement.
Counterfeiting networks rarely stay within one jurisdiction. We coordinate with EUIPO, EUROPOL IPC³ and bar correspondents in China, Turkey and the United States to obtain coordinated takedowns, freeze the counterfeiters' assets and recover damages.
Damages and disgorgement of profits.
Article L. 716-4-10 IPC allows courts to award damages calculated on the infringer's profits, the licensing fees that would have been due, and the moral prejudice. Recent rulings (Paris Court of Appeal, 2023) have awarded amounts exceeding €1 million for repeated luxury counterfeiting.
Useful glossary in counterfeiting law.
- Seizure-counterfeiting
- evidentiary procedure specific to IP (Articles L.332-1, L.521-4, L.615-5, L.716-4-7 CPI), ordered ex parte, allowing seizure of allegedly counterfeit items.
- Regulation (EU) 608/2013
- customs regulation authorising border detention of goods suspected of infringing IP rights, upon prior application by the right-holder.
- Paris Judicial Court
- specialised jurisdiction with exclusive competence in France for patent and Community-design infringement actions.
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FAQ
Frequently asked questions.
The seizure for counterfeiting (saisie-contrefaçon) is the decisive first step in a counterfeiting action. It allows, with authorization from the president of the judicial tribunal, a judicial commissioner (commissaire de justice) to record acts of counterfeiting, seize samples, and obtain accounting documents. The seizure can be descriptive or physical.
It must be followed, on pain of nullity, by a writ of summons on the merits within twenty working days or thirty-one calendar days, whichever is longer (Art. R.332-3 CPI). Case law holds that a seizor's excess of powers entails the nullity of all operations.
The best way to know if your product or creation has been counterfeited is to consult a specialized counterfeiting attorney. We can help you identify signs of counterfeiting and take the necessary measures to protect your rights.
When you discover counterfeiting, it is important to act quickly to protect your rights and economic interests, notably by summoning the counterfeiter before a civil court. First steps may include evidence collection, consultation with a specialized attorney, and if necessary, filing a counterfeiting complaint.
Not acting against counterfeiting can lead to loss of intellectual property rights and significant financial losses. By allowing counterfeiting to continue, you also risk compromising your reputation and market position.
Counterfeiting involves the unauthorized reproduction or imitation of products or works protected by intellectual property rights, while unfair competition concerns deceptive or disloyal commercial practices that harm competition.
A counterfeiting attorney is an intellectual property expert who intervenes when protected rights are violated. They defend their clients' interests in cases of trademark, patent, design, copyright counterfeiting, and pursue legal actions to obtain compensation and stop the infringements.
Copyright infringement (IP Code L.335-2) is punishable by 3 years' imprisonment and a €300,000 fine, increased to 7 years and €750,000 when committed by an organized group.
For trademarks, holding, offering, selling, reproducing, imitating or affixing an infringing trademark falls under Article L.716-10 CPI (3 years / €300,000); importing, exporting, re-exporting, transshipping, industrially producing or instructing such acts fall under Article L.716-9 CPI (4 years / €400,000). Penalties are raised to 7 years and €750,000 when committed by an organised group, online, or on goods dangerous to health or safety.
Legal entities face fines multiplied by five, business closure and confiscation of infringing goods.
No, but it is strongly recommended as the most effective form of evidence. Governed by Articles L.332-1, L.521-4, L.615-5 and L.716-4-7 of the IP Code, it is ordered ex parte by the President of the Judicial Court and allows a bailiff to physically seize evidence at the alleged infringer's premises.
Proceedings on the merits must be brought within 20 working days or 31 calendar days, whichever is longer (Art. R.332-3 IPC).
Since Decree no. 2009-1205, ten specialized judicial courts have exclusive jurisdiction over IP infringement matters (Paris, Bordeaux, Lille, Lyon, Marseille, Nanterre, Nancy, Rennes, Strasbourg, Fort-de-France). For European Union trade marks and Community designs, only the Paris Judicial Court is competent (IP Code L.717-2 and L.522-2).
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In short
INFLUXIO is a law firm specialized in counterfeiting, based in Paris. Seizure-counterfeiting, action before judicial court, INPI/EUIPO trademarks, copyright, designs and models, damages recovery. More than 800 clients have already trusted INFLUXIO.
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