Chapter V: Criminal provisions

Natural persons guilty of one of the offences provided for in articles L. 335-2 to L. 335-4-2 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 confiscation of all or part of the revenue generated by the infringement as well as that…

When the offence is committed by means of an online public communication service, persons guilty of the offences provided for in articles L. 335-2, L. 335-3 and L. 335-4 may also be sentenced to the additional penalty of suspension of access to an online public communication service for a maximum period of one year, together with a ban on signing another contract for a service of the same nature with…

For the fifth-class offences provided for in this code, where the regulations so provide, the additional penalty defined in Article L. 335-7 may be imposed in the same way, in the event of gross negligence, on the holder of access to an online public communication service to which the Autorité de régulation de la communication audiovisuelle et numérique, pursuant to Article L. 331-19, has previously sent, by means of a…

To impose the suspension provided for in articles L. 335-7 and L. 335-7-1 and determine the length of the sentence, the court shall take into account the circumstances and seriousness of the offence, as well as the personality of the offender, and in particular the offender’s professional or social activity and socio-economic situation. The length of the sentence must reconcile the protection of intellectual property rights with respect for the…

Corporate entities held criminally liable, under the conditions set out in’article 121-2 du code pénal, the offences defined in articles L. 335-2 to L. 335-4-2 are liable, in addition to a fine in accordance with the terms of the’article 131-38 of the Penal Code, the penalties provided for by article 131-39 of the same code. The prohibition mentioned in 2° of article 131-39 of the same code relates to the…

If the perpetrator of one of the offences provided for and punished by this chapter is or has been bound by an agreement with the injured party, the penalties incurred shall be doubled. .