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The Role of the Lawyer in the Fight Against Counterfeiting and Infringement

Home > Intellectual Property in France | Published 2015-07-16

Whether you are a creator, a title holder of multiple brands, an owner of a domain name…, a lawyer is there to defend your rights. With the development of the Internet, acts of infringement and counterfeiting have multiplied, and it has become increasingly more difficulty to ascertain who is responsible for such acts. By calling a lawyer, you will have at your disposal his or her experience and mastery of intellectual property law so that you can act against counterfeiters.

Create and protect your creations in total security

Counterfeiting has grown substantially on the internet with an increase of online sales. This has significant consequences: businesses suffer unfair competition, jobs are lost, and consumers are vulnerable to product defects that could endanger health and safety, especially if the counterfeits do not meet standards.

That is why our lawyers actively fight counterfeiting—to defend your interests, as well as those of your employees and/or clients. Beforehand, our lawyers assist you in filing your trademarks, designs, or patents, so that in case of dispute you have strong evidence to defend yourself.

Your lawyer will also advise you on your projects and prevent you from becoming an infringer yourself. He conducts all the necessary prior research to prevent you from unknowingly filing a design similar to one already in existence.

With the development of the internet, it is easy to think that everything is royalty free and can be used for free without risking any sanctions. However, be advised, this idea is not true!

Defend yourself against counterfeiting with a knowledgeable lawyer

A knowledgeable intellectual property lawyer has the means to obtain the contact information of those responsible for infringement on the internet.

Internet service providers, hosting services, and publishers are required to collect and retain the customers’ and users’ credentials. It can be difficult to obtain this information with a formal legal letter. Indeed, a well-reasoned, written letter from a professional can often unlock doors so that you can avoid suffering longer because of acts of infringement.

With this information in hand, your lawyer will try to resolve the issue amicably. Generally, the first act is to send a formal letter requesting the immediate cessation of the infringement, and possibly payment of damages.

However, this can result in a lack of response or a challenge to the letter. What solutions are there, then, to resolve this dispute? Your lawyer will then consider civil action for infringement before one of nine intermediate courts with jurisdiction over intellectual property law. An expert in these proceedings, your lawyer will defend your rights vigilantly and vigorously.

Picovschi lawyers are committed to the fight against counterfeiting, and we will do everything possible to stop infringement from hurting your creations and business.

This article is available online for public information purposes. It is updated regularly, as needed. Due to the constant evolution of the laws and the legal system, we cannot guarantee that the information in this article is still applicable. We invite you to contact us with any legal questions or concerns you have regarding this topic at +33 1 56 79 11 00. In no way can this firm be held liable for articles that contain inaccuracies or are now out of date.

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