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20/10/2014 PROFILE > Autorité judiciaire et administrative

6 recommendations by auditors to combat counterfeit

Auditors have published "a document on the public policy for combating counterfeit harming industrial property rights pertaining to brands, designs, models and patents. [...] Local authorities have a role to play so as the EU has a legislative and regulatory framework and that coordinated and homogeneous repressive actions are implemented. […] Auditors have outlined six recommendations aimed at consolidating the effectiveness of public action in this area". The Prime Minister responded to these recommendations. These are the main elements:

 

  • "Regular analysis of the economic, national and sectoral consequences and practices of counterfeit". A working group will be organised before the end of 2014 for this analysis.

 

  • "Creation of an interministerial strategic think tank and operational coordination for combating counterfeit". The Government is planning creation of such a body. However, in the case at hand, its objectives will be solely related to strategic aspects and not operational issues. They will be more restricted than planned by the Court.

 

  • "Reinforcement of the role of the National Committee against Counterfeit (CNAC)". Whilst the terms and conditions for operation of the CNAC will be reviewed, the latter will however remain exclusively a body for public/private dialogue which will not be intended to define objectives and targets for supervision for instance, with these responsibilities falling solely in the remit of local authorities.

 

  • "Adoption at EU level of texts allowing for customs controls on merchandise in transit and transshipment and better action against cyber-counterfeit". These texts are currently being negotiated at European level.

 

  • "Improved cover of the "grey area" by public stakeholders responsible for oversight, controls and repression at territorial level". The Prime Minister reiterated that it was customs who were responsible for intervention across the entire territory in areas of traffic for counterfeit goods in which the national police are not involved or where local police do not hold competence.

 

  • "Improved repression of counterfeit by legal authorities". This is, in part, the purpose of law no. 2014-315 of 14 March 2014 reinforcing the fight against counterfeit. Whilst the government remains reserved as to the statutory specialisation of judges towards the principle of operational and geographical mobility, training is however issued each year at the National School of Judges in intellectual property.


Consult the full response of the Prime Minister.