Counterfeiting is an anticompetitive practice in violation of a intellectual property right and a deception of the consumerThe company that is the victim can protect yourself by protecting beforehand its intellectual property rights and drawing the attention of the customs in the middle of an intervention request. Counterfeiting impacts all areas of consumption: food, clothing, and fashion accessories, game software, musical works, films, spare parts, mobile phone, cigarettes, drugs, for example. In case of dispute, the author must provide proof of the date of creation of the work (text, photo, partition, etc) that can be done by: During the discovery of goods suspected of infringement, customs may suspend release of the goods in the course of customs clearance (or retain, in any other case), for a maximum period of ten days (days for perishable goods), provided that the holder of the right has previously filed an intervention application. This delay allows the latter to enter the president of TGI to take precautionary measures or seek redress in the courts by way of civil or corrections. The demand intervention has the objective of attracting the attention of the customs services on suspect products, and to facilitate their research. It is a preventive approach that can be performed even if the holder of right has not found infringement of his rights. The customs service must respond within days (days if the item is already placed in detention) Sample collection can be carried out in the presence of the owner of the goods or, failing that, a witness, followed by a trial report. In the absence of the filing of intervention request, the customs service may, however, proceed with a retention of days maximum in order to alert the holder of the right to a suspicion of infringement and offer to file a request of intervention for the merchandise. the filing of an application for intervention with customs commits the holder of the right to respond to requests for expertise in customs controls, in the time of restraint, and requires the engagement of a legal action (civil or criminal). During the restraint, it is possible to destroy the goods under customs control and under the responsibility of the copyright holder, provided that the following conditions are met: The destruction of the goods shall be ascertained by two customs officers by minutes, stating in particular: When the infringement is proven, the customs service may certify an offence customs import of goods infringing and seize the goods. The owner of an intellectual property right may enforce his rights by exercising an action before the courts of civil and or criminal. The holder of a right may, after having obtained an order from the judge, practice the physical seizure or detailed description of the counterfeits. The author of counterfeit liable to sentences of up to fine and six years imprisonment (penalties are doubled in case of recidivism). These sanctions are brought to fine and years imprisonment in the case of counterfeit goods, dangerous, or from criminal networks. Additional forms of punishment may also be imposed: closure, total or partial, definitive or temporary, of the establishment used to commit the offence, for example. The civil action may result in an order for the payment of damages the amount of which varies according to the actual prejudice (loss of profit, damage to image, for example). To get information to customs concerning the export, import, forms, customs, transport and border crossing, franchises. Number purple or plus: cost of a call to a fixed-line number service charge from a fixed phone or mobile.
