Laws providing stronger protection against infringing goods came into force on February 8, 1994 and introduced the following changes which relate to both imports and exports:
1) Pursuant to the written request of the registrant, Customs officials may now
seize products which allegedly infringe not only registered trademark rights
but also copyrights and registered models and designs.
2) Trademark infringement is now treated as "smuggling", thereby enabling Customs officials to seize allegedly infringing goods which enter France either from outside of the European Union or from European Union member states. The seizure provisions have also been extended to exports of infringing articles which originate from France.
3) Customs sanctions may include confiscation of the allegedly infringing goods or their means of transport, increased fines and imprisonment for up to 3 years. Such sanctions may now be applied concurrently with the other penal sanctions provided by the Intellectual Property Code discussed below.
4) Penal sanctions for infringement of intellectual property rights have been increased, including imprisonment for up to 2 years and increased fines. In addition, the premises where the infringing articles are produced may be closed down permanently, or temporarily for up to five years, in the case of trademark, model and design infringement (this penalty was previously available only in cases of copyright infringement).
2) Trademark infringement is now treated as "smuggling", thereby enabling Customs officials to seize allegedly infringing goods which enter France either from outside of the European Union or from European Union member states. The seizure provisions have also been extended to exports of infringing articles which originate from France.
3) Customs sanctions may include confiscation of the allegedly infringing goods or their means of transport, increased fines and imprisonment for up to 3 years. Such sanctions may now be applied concurrently with the other penal sanctions provided by the Intellectual Property Code discussed below.
4) Penal sanctions for infringement of intellectual property rights have been increased, including imprisonment for up to 2 years and increased fines. In addition, the premises where the infringing articles are produced may be closed down permanently, or temporarily for up to five years, in the case of trademark, model and design infringement (this penalty was previously available only in cases of copyright infringement).
The extension of criminal liability to corporate entities for infringements of intellectual property rights was included in the new French Penal Code which went into effect on March 1, 1994.
June 1994 Index