Refers to any infringement of an intellectual property<\/strong> (IP) right without the owner's authorization. It may concern :<\/p>\n It's a crime that threatens innovation, competitiveness and corporate reputation. It is sometimes difficult to detect, but can be very damaging.<\/p>\n Before taking any legal action, it is crucial to document the infrigement. There are several ways to do this :<\/p>\n A formal notice consists of formally alerting the alleged infringer, demanding the cessation of the illicit acts. This step is often useful for :<\/p>\n Before or during a trial, alternative dispute resolution (ADR) methods such as mediation can prove effective.<\/p>\n The infringement action has two main objectives :<\/p>\n Forced litigation<\/strong> : you are summoned to court or a third party forces you to intervene.<\/p>\n Voluntary litigation<\/strong> : you initiate the action to defend your rights. Three essential elements must be present:<\/p>\n It's also strategic to target the right players (manufacturers, distributors...) and check their solvency, to avoid an \"empty\" victory.<\/p>\n Even before the final decision, you can request :<\/p>\n These measures, which are often requested by way of a petition without notifying the opposing party, must respect the principle of proportionality.<\/p>\n The infringement seizure allows :<\/p>\n It is carried out with judicial authorization, by a bailiff, often accompanied by an expert. The operation must be strictly supervised to avoid any abuse or violation of business secrecy.<\/p>\n Customs can intercept suspect goods at the border. If there is a suspicion of infrigement, a customs detention is set up, during which :<\/p>\n If the owner doesn't come forward, or if fraud is suspected, customs can seize the goods and impose a substantial fine (up to 3 times the value of the products). This procedure protects the economic order, but does not directly compensate the victim of infrigement.<\/p>\n Acting too late<\/strong> : evidence disappears, statutes of limitations run out<\/p>\n Lack of serious evidence<\/strong> : justice requires a minimum of plausibility<\/p>\n Ignoring business secrecy<\/strong> : illicitly obtained evidence may be rejected<\/p>\n Misidentifying those responsible<\/strong> : a distribution chain may involve several players<\/p>\n Fighting infrigement isn't just about defending yourself: it's about protecting the value of your innovations, ensuring your competitiveness and guaranteeing fairness in the marketplace. It's not always a question of going straight to court: every situation deserves a strategic analysis . With the right tools and specialist support, you can take effective action to enforce your rights.<\/p>","protected":false},"excerpt":{"rendered":" Comprendre la contrefa\u00e7on : un enjeu \u00e9conomique et juridique majeur Qu\u2019est-ce que la contrefa\u00e7on ? La contrefa\u00e7on d\u00e9signe toute atteinte port\u00e9e \u00e0 un droit de propri\u00e9t\u00e9 intellectuelle (PI) sans l’autorisation du titulaire. Elle peut concerner : Les marques (copie de logos, noms commerciaux) Les brevets (reproduction d\u2019une invention prot\u00e9g\u00e9e) Les dessins et mod\u00e8les (design de […]<\/p>","protected":false},"author":3,"featured_media":10656,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[42],"tags":[],"class_list":["post-10639","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-action-en-contrefacon-de-brevet"],"acf":[],"yoast_head":"\n\n
Pre-trial action : precautions and alternatives<\/h2>\n
Gather solid evidence<\/h3>\n
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Formal notice: a strategic and mandatory step<\/h3>\n
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Mediation or arbitration: alternative solutions<\/h3>\n
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Infringement proceedings : a central tool for protecting rights<\/h2>\n
Why bring an infringement action ?<\/h3>\n
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Types of litigation<\/h3>\n
\nThe trial can be civil, criminal or customs, depending on the seriousness of the facts and the strategy chosen.<\/p>\nPrepare your action to maximize your chances of success<\/h3>\n
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Available judicial measures<\/h2>\n
Interim measures<\/h3>\n
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Seizure for infrigement : a key evidentiary weapon<\/h3>\n
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The crucial role of customs<\/h2>\n
Customs detention<\/h3>\n
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Customs seizure<\/h3>\n
Infrigement : pitfalls to avoid and the right reflexes<\/h2>\n
Classic errors<\/h3>\n
The right reflexes<\/h3>\n
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Defend your rights to enhance the value of your creation<\/h2>\n