Imports into and exports out of France of counterfeit
goods violating trademarks are offenses under French
general Criminal Law and such goods are deemed to be
"prohibited" under French Customs Law.
The introduction of such goods in France - even under
cover of a customs international transit procedure - or
their shipment out of the country are therefore subject
to specific penalties under the Customs code, distinct
and additional to those provided for under general
Criminal Law.
Since the act of importing or exporting counterfeit
trademark goods is an offense under the IPR code and a
separate one under the Customs code, violators are not in
a position to claim double jeopardy. They are liable to
customs penalties, as well as to penalties provided for
under general Criminal Law.
IPR violations (trade- or servicemarks, copyrights,
patents, industrial designs, etc...) attract, under French
general Criminal Law, a sentence of two years’
imprisonment and a fine of one million francs.
Those penalties are doubled in the case of a repeated
offense or where the violator is or has been related to
the injured IPR holder.
As far as imports or exports of counterfeit trademark
goods are concerned, they are also offenses under Customs Law and attract the following additional sentences:
With respect to the importation or exportation of goods
violating copyright laws or copying protected industrial
designs, Customs officers who come across articles which
they suspect to be pirated copyrighted goods or to be
violating industrial design laws, may detain those goods
for a period of up to ten days to allow the right holder
to initiate criminal proceedings or proceedings in tort.
When instituting proceedings, the right holder is
required to post a security to pay compensation to the
owner, importer or consignee if no IPR infringement is
subsequently established in court.
Embassy of France in the US - October 5, 2001
