Chapter VIa: Customs detention and criminal proceedings

It shall be punishable by four years’ imprisonment and a fine of 400,000 euros for any person, with a view to selling, supplying, offering for sale or hiring goods presented under an infringing trademark: a) Importing, exporting, re-exporting or transhipping goods presented under an infringing trademark; b) Industrially producing goods presented under an infringing trademark; c) Giving instructions or orders for the commission of the acts referred to in a…

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,…

The same penalties shall apply to anyone who: a) knowingly makes any use whatsoever of a registered collective or guarantee mark under conditions other than those prescribed in the regulations accompanying the registration; b) knowingly sells or offers for sale a product bearing a collective or guarantee mark that has been used improperly. The provisions of this Article shall apply to the trade union marks provided for in Chapter IV…

In addition to the penalties provided for in articles L. 716-9 and L. 716-10, the court may order the total or partial, definitive or temporary closure, for a maximum period of five years, of the establishment used to commit the offence. Temporary closure may not result in the termination or suspension of the employment contract or in any financial prejudice to the employees concerned. When permanent closure results in the…

Corporate entities held criminally liable, under the conditions set out in the’article 121-2 of the Criminal Code, for the offences defined in articles L. 716-9 to L. 716-11 shall incur, in addition to the fine in accordance with the procedures laid down by Article 131-38 of the Criminal Code, the penalties laid down by l’article 131-39 du même code. The prohibition mentioned in 2° of article 131-39 of the same…

In the event of a repeat offence of the offences defined in Articles L. 716-9 to L. 716-11, or if the offender is or has been bound by an 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 as a candidate for the commercial courts,…

Natural persons guilty of one of the offences provided for in articles L. 716-9 and L. 716-10 may 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…