Reinforced resources in combating counterfeit
mar., 10 déc. 2013 17:54:00 +0000
The draft bill aimed at reinforcing the fight against counterfeits was unanimously adopted at the Senate on 20 November 2013. It is intended to harmonise procedures in the event of counterfeit between various intellectual property rights.
The National Chamber of Bailiffs (CNHJ) welcomed this draft bill which could improve the effectiveness of searching for proof of counterfeit by a bailiff. A judge can order all investigative measures allowing for the collection of proof of counterfeit, even in the absence of garnishment. Moreover, bailiffs can, with the consent of a judge, seize all documents pertaining to works or products which are supposedly counterfeit. This is the case even if the product is itself not in the location where garnishment took place.