SENEX Private Investigator has solid experience in the fight against counterfeiting, and puts all its resources at the service of its customers.
Definition of counterfeiting
Sometimes misused, the legal term counterfeiting refers to the act of reproducing or falsifying a trademark, patent, design, work of art or any other type of intellectual property protected by copyright or patent. This may include the illegal reproduction of branded products, the manufacture of similar products for commercial purposes, the illegal reproduction of software or the distribution of illegal copies of films or music.
Counterfeiting is considered a violation of intellectual property law, and can result in prosecution and substantial financial penalties. Companies can also suffer damage to their reputation and brand due to the sale of counterfeit products associated with their name.
It is important to note that counterfeiting can not only cause significant economic damage, but also harm the health and safety of consumers. Counterfeit products may not meet current quality and safety standards, which can lead to problems for users.
Counterfeiting is an illegal act that violates intellectual property rights and can cause significant economic, social and environmental damage. It is important to fight counterfeiting to protect the rights of creators, consumers and the economy as a whole.
The private detective and the fight against counterfeiting
The fight against counterfeiting is an uphill battle for many businesses faced with unscrupulous competitors or former employees.
The DGCCRF comes to the support of the buried victims, but its means are limited.
Fully involved in the economic war waged by companies worldwide, private investigators can play an important role in the fight against counterfeiting.
Private investigators are often hired to gather evidence on counterfeiting activities and identify the sources of counterfeit products. They can accomplish this task by conducting field investigations, gathering information from confidential sources, following the trails of counterfeit products on online trading sites and in retail stores, and working with local authorities and other interested parties to put an end to counterfeiting.
Evidence gathered by private investigators can be used to support legal action against counterfeiters. However, the evidence obtained by a private detective must be valid and reliable to be used in court, which means it must be gathered in a legal manner and respect the rights of those involved.
In general, private investigators can be hired by intellectual property owners, companies, lawyers and governments to help combat counterfeiting. Costs for the services of a private detective depend on the complexity of the task and the duration of the investigation, but can often prove more economical than the costs associated with legal action.
Gathering evidence
Proof of counterfeiting relies on the intellectual property owner’s ability to prove that the accused person or entity has illegally used his or her protected property. Different types of evidence can be used, such as
- Proof of possession of the intellectual property: The owner must prove that he or she has the exclusive right to use the intellectual property in question, such as a patent, copyright or trademark.
- Proof of infringement: The owner must prove that the accused person or entity has made unauthorized use of the protected intellectual property.
- Proof of unauthorized use: The owner must prove that the unlawful use of the intellectual property has had a negative impact on its business activities.
- Proof of damages: The owner must also prove the financial damages suffered as a result of the intellectual property infringement.
It is important to note that the burden of proof lies with the intellectual property owner, who must provide sufficient evidence to establish the allegations of infringement.
However, the court may also consider evidence presented by the person or entity accused of infringement to determine whether infringement has in fact occurred.
Counterfeit seizure
Seizure for counterfeiting is a legal procedure in France which enables the owner of intellectual property to have infringing products or articles seized before the case is even heard in court. This procedure is often used when there is an immediate threat to intellectual property rights, and when the time required for conventional legal action may compromise the protection of these rights.
Seizure for counterfeiting is generally carried out by a judicial authority, such as a bailiff, who goes to the premises where the infringing products are stored or sold and seizes them. The seized products are then held pending formal legal action by the owner of the intellectual property to enforce its rights.
The aim of seizure for counterfeiting is to put an end to the distribution of infringing products on the market as quickly as possible, in order to preserve the interests of the intellectual property owner. However, seizure for infringement can be contested by the person or entity accused of infringement, who can appeal the decision of a judicial authority or submit an appeal to a court.
Intellectual property
In France, intellectual property encompasses rights related to the creation of the mind, such as patents, trademarks, industrial designs, company names and copyrights. It protects the creators and holders of these rights, enabling them to exploit, control and profit from their creations.
Intellectual property protection in France is guaranteed by the Intellectual Property Code (CPI), which defines the conditions for granting and maintaining these rights, as well as the means of protecting them.
The Intellectual Property Code also provides for measures to enforce intellectual property rights, such as seizure for infringement and legal action. In the event of intellectual property infringement, the owner can take legal action to obtain compensation for the damage caused by the infringement and to put a stop to it.
In France, the protection of intellectual property is considered to be of crucial importance for economic development and the protection of creativity and innovation. This is why the French intellectual property protection system is considered one of the most advanced in the world.
