SECTION 7 INFRINGEMENT
LexInter | August 13, 2015 | 0 Comments

SECTION 7 INFRINGEMENT

Section 7

Provisions relating to counterfeiting

Article 34

The intellectual property code is thus modified:

I. – Article L. 335-2 is thus modified:

1 ° At the end of the second paragraph, the words: “two years of imprisonment and 150,000 EUR of fine ”are replaced by the words:“ three years’ imprisonment and a fine of EUR 300,000 ”;

2 ° It is supplemented by a paragraph worded as follows:

“When the offenses provided for in this article have been committed in an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

II. – Article L. 335-4 is amended as follows:

1 ° In the first paragraph, the words: “two years ‘imprisonment and a fine of EUR 150,000” are replaced by the words: “three years’ imprisonment and a fine of EUR 300,000 ”;

2 ° It is supplemented by a paragraph worded as follows:

“When the offenses provided for in this article have been committed by an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

III. – Article L. 343-1 is worded as follows:

“Art. L. 343-1. – Is punished by three years’ imprisonment and a fine of EUR 300,000 for infringing the rights of the producer of a database as defined in article L. 342-1. When the offense was committed by an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

IV. – The first paragraph of Article L. 521-4 reads as follows:

“Any knowingly infringement of the rights guaranteed by this book is punishable by three years’ imprisonment and a fine of EUR 300,000. When the offense was committed by an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

V. – Section 1 of Article L. 615-14 reads as follows:

” 1. Shall be punished by three years’ imprisonment and a fine of 300,000 EUR for knowingly infringing the rights of the owner of a patent , as defined in Articles L. 613-3 to L. 613-6. When the offense was committed by an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

VI. – Article L. 623-32 reads as follows:

“Art. L. 623-32. – Any knowingly infringement of the rights of the holder of a plant variety certificate, as defined in Article L. 623-4, constitutes an offense punishable by a fine of EUR 10,000. When the accused has been convicted in the previous five years for the same offense or in the event of the commission of the offense in an organized gang, six months’ imprisonment may, in addition, be pronounced. ”

VII. – Article L. 716-9 is worded as follows:

“Art. L. 716-9. – Is punished by four years’ imprisonment and a fine of EUR 400,000 for any person doing so, with a view to selling, supplying, offering for sale or renting goods presented under a counterfeit brand:

“(A) To import under any customs procedure, export, re-export or tranship goods presented under a counterfeit mark;

“(B) To produce industrially goods presented under a counterfeit trademark;

“C) To give instructions or orders for the commission of the acts referred to in a and b.

“When the offenses provided for in this article have been committed in an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

VIII. – Article L. 716-10 is worded as follows:

“Art. L. 716-10. – Is punished by three years’ imprisonment and a fine of 300,000 EUR does so for any person:

“(A) To hold without legitimate reason, to import under any customs procedures or to export goods presented under a counterfeit mark;

“(B) To offer for sale or to sell goods presented under a counterfeit mark;

“(C) To reproduce, imitate, use, affix, delete, modify a mark, a collective mark or a collective certification mark in violation of the rights conferred by its registration and the prohibitions resulting from that -this ;

“(D) To knowingly deliver a product or provide a service other than that requested of it under a registered trademark.

“The offense, under the conditions provided for in d, is not constituted in the event that a pharmacist exercises the substitution option provided for in Article L. 5125-23 of the Public Health Code.

“When the offenses provided for in a to d have been committed by an organized gang, the penalties are increased to five years’ imprisonment and a fine of EUR 500,000. ”

Article 35

In article 225-25 of the penal code, after the words: “of this chapter”, are inserted the words: “, with the exception of that provided for by article 225-10-1,”.

Article 36

In the last sentence of the first paragraph of article 23 of the law of July 15, 1845 on the railway police, the words: “3,000 EUR fine” are replaced by the words: “3,750 EUR of fine ”.

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