Part Two: Industrial property

The court may order, of its own motion or at the request of any person with standing to bring an infringement action, all legally permissible investigative measures, even if a seizure for infringement has not previously been ordered under the conditions provided for in l’article L. 521-4.

If so requested, the court hearing the case on the merits or in summary proceedings under this Title may order, if necessary under a fine, in order to determine the origin and distribution networks of the allegedly infringing products that infringe the rights of the plaintiff, the production of any documents or information held by the defendant or by any person who has been found in possession of allegedly infringing…

Any person having standing to bring an infringement action may apply to the competent civil court for summary proceedings in order to obtain an order, if necessary subject to a fine, against the alleged infringer or the intermediaries whose services he uses, for any measure intended to prevent imminent infringement of the rights conferred by the title or to prevent the continuation of acts alleged to be infringing. The competent…

In setting the damages, the court shall take into account separately: 1° The negative economic consequences of the infringement, including the loss of profit and loss suffered by the injured party; 2° The non-material damage caused to the injured party; 3° And the profits made by the infringer, including the savings on intellectual, material and promotional investments that the infringer has made as a result of the infringement. However, the…

In the event of a civil conviction for infringement, the court may order, at the request of the injured party, that the products recognised as infringing products, the materials and instruments used principally in their creation or manufacture be recalled from commercial channels, permanently removed from such channels, destroyed or confiscated for the benefit of the injured party. The court may also order any appropriate measure to publicise the judgment,…

As soon as the offences provided for in the first paragraph of Article L. 521-10, to the seizure of products unlawfully manufactured, imported, held, offered for sale, delivered or supplied and of equipment or instruments specially installed with a view to such acts.

Any infringement knowingly committed against the rights guaranteed by this book is punishable by three years’ imprisonment and a fine of 300,000 euros. When the offence has been committed in 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 euros….

Natural persons guilty of the offence provided for in the first paragraph of Article L. 521-10 may also be ordered, at their own expense, to remove from commercial channels the objects deemed to be infringing and any thing that has served or was intended to commit the infringement. The court may order the destruction at the expense of the convicted person or the delivery to the injured party of the…

Corporate entities held criminally liable, under the conditions set out in Article 121-2 of the Criminal Code, of the offence defined in the first paragraph of Article L. 521-10 shall be liable, in addition to a fine in accordance with the terms and conditions set out in Article 131-38 of the Penal Code, the penalties laid down by l’article 131-39 of the same code. The prohibition mentioned in 2° of…

In the event of repeated offences against the rights guaranteed by this book, or if the offender is or has been bound by agreement with the injured party, the penalties incurred shall be doubled. The offenders may, in addition, be deprived for a period not exceeding five years of the right to be elected and to stand for election to the commercial courts, the territorial chambers of commerce and industry…