The issues surrounding the protection of intellectual property are crucial in today's business world. In particular, the distinction betweenactions for infringement andactions for unfair competition is of significant importance to entrepreneurs and creators. Although often confused, these two actions respond to quite distinct legal issues. Counterfeiting focuses on theinfringement of intellectual property rights, while unfair competition encompasses general practices aimed at deceiving or disrupting a competitor without infringing an operating monopoly. Understanding these differences is essential for those wishing to protect their rights and obtain damages in the event of injury. In this article, we will explore the foundations and implications of each of these actions, the means of proof and the penalties incurred.
If you need a competition lawyer, contact me!
What is an infringement action and how is it defined?
In the field of intellectual property, aninfringement action is characterized by a direct violation of the rights of an owner. Specifically, this refers to the situation where a third party reproduces, uses or imitates a creation protected by law, without the necessary authorization. This action is strictly governed by the French Intellectual Property Code, which specifies the rights of creators and the conditions required to initiate proceedings.
So, to understand what aninfringement action is, you need to consider several key elements:
- Protected rights: This concerns all intellectual property rights such as copyright, trademarks and patents.
- Lack of authorization: For there to be infringement, a protected work must be exploited without the explicit consent of its owner.
- Incriminated acts: These acts include the possession, sale or import of products considered counterfeit.
In the case of counterfeiting, it is imperative that the disputed intellectual property right be in force at the time of the infringement. This means that only the owner of that right, or a licensee, can take legal action to defend its interests.
This action is therefore not only a means of redress, but also a deterrent against potential infringements of intellectual property rights. This guarantees the proper exploitation of economic creativity, while protecting the legitimate interests of entrepreneurs.
To illustrate this notion, we can refer to judicial decisions that have established precedents in the field of counterfeiting, underlining the importance of this action in preserving rights within the market economy.
It is essential to grasp the distinct nature of this action, which is distinguished not only by its scope, but also by the legal consequences attached to it. This will be the basis for understanding the second concept, that of the action for unfair competition, which we will discuss next.
What are the characteristics of an action for unfair competition?
The unfair competition action, although often confused with the counterfeiting action, differs in its objective and application methods. Unlike the infringement action, which focuses on the violation of intellectual property rights, the unfair competition action aims to protect companies against unfair commercial practices that can damage their reputation and sales.
Here are a few basic elements that characterize an action for unfair competition:
- Parasitism: This involves taking undue advantage of a competitor's efforts, reputation or investments, without creating added value. Parasitism often takes the form of copying a competitor's products or services.
- Denigration: This involves making false or misleading statements about a competitor with the aim of devaluing its products or services. Denigration can take many forms, including misleading notices or dishonest comparisons.
- Acts of unfairness: These include, for example, misleading the origin of products or deceptive commercial practices designed to mislead consumers or business partners.
For an action for unfair competition to be admissible, it must be proven that the damage suffered by the company is direct, and that the contested practices have a causal link with this damage. Case law plays a key role in the interpretation of acts considered unfair, with important decisions defining what is meant by unfair competition in a variety of contexts.
It's also worth noting that an action for unfair competition can result in damages for the harm suffered. Courts can order injunctions to halt a practice deemed unfair, offering essential protection to businesses.
Understanding the many facets of the unfair competition action is crucial to effectively navigating the world of commerce. It also lays the groundwork for dealing with the evidence required and the penalties incurred for these actions, a subject we will explore next.
How do you prove counterfeiting or unfair competition, and what penalties are incurred?
The question of proof is essential in bothinfringement andunfair competitionactions. Indeed, the success of a legal action depends heavily on the evidence presented by the plaintiff.
Means of proof may include :
- Written documents: These can be in electronic or paper format, and include contracts, e-mails or invoices.
- Screenshots: In the context of unfair competition, screenshots of unfair online acts can be used as evidence.
- Expert reports: Expert opinions are often required to establish the nature of the acts or the value of the damages.
It is important to note that all evidence must be collected fairly. For example, recordings without consent are not permitted. A bailiff's report is also an often-used tool, enabling material facts to be established. It can be carried out at the request of a litigant, in particular to establish proof of counterfeiting or unfair competition.
There are also specific procedures for counterfeiting, notably saisie-contrefaçon, which allows counterfeit products to be seized on request. This measure, while effective for gathering evidence, must be followed by a legal action on the merits, otherwise the seizure will be nullified.
The penalties associated with these actions can be very severe. In cases of counterfeiting, the judge has the power to order :
- Damages: to compensate for the loss suffered.
- Cessation of unfair acts: either by prohibiting further activity, or by destroying counterfeit products.
- Criminal penalties: Counterfeiting can result in up to three years' imprisonment and substantial fines, with aggravating circumstances.
These factors underline the importance of a sound legal strategy when it comes to protecting intellectual property rights. The challenge is not only to defend one's interests, but also to prevent future infringements.
Consequently, knowledge of the means of proof and sanctions pedagogically integrated into the legal framework is crucial for any company wishing to protect its reputation and assets.
To find out more, take a look at the APP article at https://www.app.asso.fr/propriete-intellectuelle/l-action-en-contrefacon-et-l-action-en-concurrence-deloyale-quelles-differences.html.
