#2014-315Strengthening the Fight Against Counterfeiting Law
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
This French law enhances intellectual property protections by adjusting how damages are calculated for IP violations. It establishes clear guidelines for economic and moral damages and clarifies the authority of customs in seizing counterfeit goods. Businesses dealing in IP or goods at risk must assess their compliance and potentially adjust procedures to mitigate risks.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Clarifies calculation of damages for IP violations, including economic and moral aspects
- Expands customs authority to seize counterfeit goods
- Removes outdated legal provisions and updates IP law language
Obligations
What this law requires
When calculating damages in IP infringement cases, courts must distinctly consider: (1) negative economic consequences including lost profits and losses suffered by the injured party, (2) moral prejudice caused to the injured party, and (3) benefits realized by the infringer including savings on intellectual, material, and promotional investments.
Courts may allocate a lump sum as damages at the request of the injured party, which must exceed the amount of royalties or rights that would have been due if the infringer had requested authorization to use the infringed right.
Lump sum damages awards are not exclusive of compensation for moral prejudice caused to the injured party and must be awarded as an alternative to standard damages calculation.
When seized, courts must clarify in all IP infringement proceedings (patents, trademarks, designs, copyrights) whether they have jurisdiction 'au fond' (on the merits) or 'en référé' (on interim basis).
In IP infringement litigation, refer to parties as 'argués de contrefaçon' (argued to be infringers) rather than definitive 'contrefaisants' and reference 'prétendues activités' (alleged activities) until judgment is rendered.