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Article L521-10 of the French Intellectual Property Code

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….

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Article L521-11 of the French Intellectual Property Code

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…

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Article L521-12 of the French Intellectual Property Code

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…

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Article L521-13 of the French Intellectual Property Code

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…

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Article L521-14 of the French Intellectual Property Code

In addition to the cases provided for by the Community regulations in force, the customs administration may, at the written request of the owner of a registered design or the beneficiary of an exclusive right of exploitation, accompanied by proof of his right, detain as part of its controls the goods which he claims constitute an infringement. This detention is immediately notified to the applicant and the holder. The public…

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Article L521-15 of the French Intellectual Property Code

In the absence of a written request from the owner of a registered design or the beneficiary of an exclusive exploitation right and outside the cases provided for by the Community regulations in force, the customs administration may, in the course of its controls, detain goods likely to infringe a registered design or an exclusive exploitation right. This detention is immediately notified to the owner of the registered design or…

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Article L521-16 of the French Intellectual Property Code

I.-Where the detention of goods suspected of infringing a registered design, as provided for by Community regulations in force, is implemented before an application for action by the owner of the registered design or the beneficiary of the exclusive exploitation right has been filed or accepted, customs officials may, by way of derogation from Article 59 bis of the Customs Code, inform this owner or beneficiary of the exclusive right…

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Article L521-17 of the French Intellectual Property Code

During the withholding period referred to in Article L. 521-14 and the second paragraph of I of l’article L. 521-16, the owner of the registered design or the beneficiary of the exclusive exploitation right may, at his request or at the request of the customs administration, inspect the goods detained. When inspecting the detained goods, the customs administration may take samples. At the request of the owner of the registered…

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Article L521-17-1 of the French Intellectual Property Code

I. – When goods suspected of infringing a registered design are detained after a request referred to in article L. 521-14 has been accepted, goods suspected of infringing a registered design may be destroyed under the supervision of customs officers if the following conditions are met: 1° The applicant has confirmed in writing and by means of a detailed expert report to the customs authorities, within ten working days, or…

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