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Article L615-14-1 of the French Intellectual Property Code

If the offences defined in Article L. 615-14, or if the offender is or has been bound by agreement with the injured party, the penalties incurred are increased to double. 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, the territorial chambers of commerce and industry and the chambers…

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Article L615-14-2 of the French Intellectual Property Code

Natural persons guilty of the offence provided for in Article L. 615-14 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 objects and things removed…

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Article L615-14-3 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 Article L. 615-14 shall, in addition to a fine in accordance with article 131-38 of the French Criminal Code, be subject to the penalties set out in the’article 131-39 of the same code. The prohibition mentioned in 2° of article 131-39 of the same code relates to the…

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Article L615-15 of the French Intellectual Property Code

Without prejudice, where appropriate, to the more serious penalties laid down in relation to offences against State security, anyone who knowingly breaches one of the obligations or prohibitions laid down in articles L. 614-18, L. 614-20 and the first paragraph of Article L. 614-21 will be punished by a fine of 6,000 euros. If the infringement has been detrimental to national defence, a prison sentence of five years may also…

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Article L615-16 of the French Intellectual Property Code

Without prejudice, where appropriate, to the more serious penalties laid down in respect of breaches of State security, anyone who knowingly breaches one of the obligations or prohibitions laid down in the second paragraph of Article L. 614-2, Article L. 614-4 and the first paragraph of Article L. 614-5 will be punishable by a fine of €6,000. If the infringement has been detrimental to national defence, a five-year prison sentence…

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Article L615-17 of the French Intellectual Property Code

Civil actions and claims relating to patents for invention, including in the cases provided for in Article L. 611-7 or when they also concern a related question of unfair competition, shall be brought exclusively before the judicial courts, determined by regulation, with the exception of appeals lodged against administrative acts of the Minister responsible for industrial property, which shall come under the jurisdiction of the administrative courts. The foregoing provisions…

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Article L615-18 of the French Intellectual Property Code

By way of derogation from the first paragraph of Article L. 615-17, the civil actions and claims referred to in the first paragraph of Article 32 of the Agreement relating to a Unified Patent Court shall be brought exclusively before the Unified Patent Court: 1° Where they relate to a European patent with unitary effect; 2° Where they relate to a European patent or a European patent application which has…

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Article L615-20 of the French Intellectual Property Code

The court before which an action or plea falling within the provisions of this Title is brought may, either of its own motion or at the request of one of the parties, appoint any consultant of its choice to follow the proceedings from the time they are ready for hearing and to attend the hearing. The consultant may be authorised to put questions to the parties or their representatives.

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Article L615-21 of the French Intellectual Property Code

If one of the parties so requests, any dispute relating to the application of Articles L. 611-7 and L. 611-7-1 shall be submitted to a joint conciliation commission, chaired by a magistrate of the judiciary whose vote shall be decisive in the event of a tie. Within six months of its referral, this commission, set up at the Institut national de la propriété industrielle, will draw up a conciliation proposal;…

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