It is punishable by three years’ imprisonment and a fine of 300,000 euros for any person:
a) Unlawfully possessing, importing or exporting goods presented under an infringing trademark;
b) Offering for sale or selling goods presented under an infringing trademark;
c) Reproducing, imitating, using, affixing, deleting, modifying a trademark, collective trademark or guarantee trademark in violation of the rights conferred by its registration and the prohibitions arising therefrom. The offence, provided for under the conditions set out in this c, shall not be constituted where prescribing aid software makes it possible, if the prescriber so decides, to prescribe in international non-proprietary names, in accordance with the rules of good practice set out in Article L. 161-38 of the Social Security Code;
d) To knowingly supply a product or provide a service other than that requested under a registered trademark.
The offence, under the conditions provided for in d, is not constituted in the event of a pharmacist exercising the substitution option provided for in Article L. 5125-23 of the Public Health Code.
When the offences provided for in a to d have been committed as part of an organised gang or on an online public communication network or when the acts involve goods that are dangerous to human or animal health or safety, the penalties are increased to seven years’ imprisonment and a fine of €750,000.