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Article L716-8-4 of the French Intellectual Property Code

I.-When the detention of goods suspected of infringing a registered trademark is implemented after a request referred to in Article L. 716-8 has been accepted, the goods suspected of infringing the registered trademark may be destroyed under the supervision of customs officers provided that 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…

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Article L716-8-5 of the French Intellectual Property Code

I.-When the detention of goods suspected of infringing a registered trademark is implemented after a request mentioned in Article L. 716-8 has been accepted, goods transported in small consignments suspected of infringing a registered trademark may be destroyed under the supervision of customs officers where the applicant has, in his application, requested recourse to the procedure provided for in this Article. II.-The notification referred to in the first sentence of…

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Article L716-8-6 of the French Intellectual Property Code

Where the applicant uses information communicated to him by the customs administration, by way of derogation from Article 59 bis of the Customs Code, for purposes other than those provided for in this chapter, the Customs Administration shall repeal, suspend or refuse to renew the said application.

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Article L716-8-8 of the French Intellectual Property Code

A decree in the Council of State shall set: 1° The conditions for applying the measures provided for in articles L. 716-8 to L. 716-8-6; 2° The conditions under which the destruction of goods likely to constitute an infringement of a registered trademark, as provided for by European Union regulations, takes place, as well as the conditions for taking samples prior to said destruction.

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Article L716-9 of the French Intellectual Property Code

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…

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Article L716-10 of the French Intellectual Property Code

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,…

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Article L716-11 of the French Intellectual Property Code

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…

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Article L716-11-1 of the French Intellectual Property Code

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…

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