Law No. 2014-315 of March 11, 2014 reinforcing the fight against counterfeiting : a better Indemnification for breach of Intelectual property law in France
A new French statute law No. 2014-315 dated from March 11, 2014 enlarge way to defend IP in France which are key issue to defend technology assets in France and Europe.
Those new provisions includes provisions for the main intellectual property rights, i.e. copyright and related rights (Art. L. 331-1-3 CPI), designs and models (Art. L. 521-7), patents (Art. L. 615-7), plant varieties (Art. L. 623-28) and trademarks (Art. L. 716-4), without forgetting geographical indications (Art. L. 722-6), which are worth highlighting.
First, intellectual property scope is extended and geographical indications whichare from first importance in European Union and in Particular in France are now expressly subject to infringment of copyrights rules
Violations of geographical indications are now qualified as infringements and subject to the whole rules relating this matter.
Relating damages for counterfeiting, new rules will enchance the means to obtain damages for copyrights infrigment :
Assessing damages, the court must take into consideration “separately”:
“1° the negative economic consequences of the infringement of rights, including the loss of profits and loss suffered by the aggrieved party; 2° the moral prejudice to the latter; 3° and the profits made by the infringer from the infringement [, including savings on intellectual, material and promotional investments which the infringer derives from the infringement of rights”.
The profits made by out of the infringement are now an element to take into account in the assessment of the compensation owed.
awarding a lump-sum amount can also be award “as an alternative and at the aggrieved party’s request”.
But from now “this amount is higher than the amount of the royalties or rights which would have been owed if the infringer had requested the authorization to use the right which it has infringed”.
French law will now facilite highly indemnification of counterfeinting.