Counterfeiting is the unauthorised use, reproduction or imitation of a protected IP right. In France, it is a civil tort, a criminal offence and a customs violation, with three enforcement tracks that can be deployed in sequence or in parallel. Dreyfus & Associés runs the full spectrum for international rights holders: civil suit before the Tribunal Judiciaire de Paris (JIPC), criminal complaint with the public prosecutor and customs detention under EU Regulation 608/2013.
Reviewed by Nathalie Dreyfus, European Trademark and Patent Attorney. Last updated: June 2026.
Each path has its own logic. Civil enforcement targets damages and injunctions. Criminal enforcement targets deterrence and disruption of organised networks. Customs enforcement targets cross-border seizure and supply chain interception. Combining them multiplies leverage.
Civil enforcement. Action before the JIPC for declaration of infringement, permanent injunction, damages combining lost profits, moral harm and the infringer’s benefit, recall and destruction of infringing goods, publication of the judgment.
Criminal enforcement. Articles L.716-9 and following of the French IP Code (trademarks) and Article L.615-14 (patents) make counterfeiting a criminal offence, punishable by up to 4 years imprisonment and 400,000 euros fine, with aggravated penalties for organised offences. Public prosecutor and customs investigations follow.
Customs enforcement. EU Regulation 608/2013 allows rights holders to file an application for action with French and EU customs. Customs then detain suspected counterfeit shipments at borders, notify the rights holder and trigger destruction or judicial action.
The French Intellectual Property Code punishes trademark counterfeiting with up to 4 years imprisonment and 400,000 euros fine, increased to 7 years and 750,000 euros in case of organised offence.
Source: Article L.716-9 of the French Intellectual Property Code.
Patent counterfeiting is punished by up to 3 years imprisonment and 300,000 euros fine, with aggravated penalties for organised offences. Customs control accompanies criminal investigations.
Source: Article L.615-14 of the French Intellectual Property Code.
EU Regulation 608/2013 covers detention of suspected counterfeit goods at all EU borders. A single application for action with customs covers every participating member state.
Source: Regulation (EU) 608/2013.
Law n. 2014-315 of 11 March 2014 reinforced damages for counterfeiting, allowing courts to combine lost profits, moral harm and the unfair benefit of the infringer in their award.
Source: Law n. 2014-315 of 11 March 2014.
Online monitoring, market surveillance, customs intelligence, test purchases, bailiff observations. Evidence is consolidated for civil, criminal and customs action.
Ex parte application before the President of the Tribunal Judiciaire de Paris to authorise a bailiff search and seizure at the suspected infringer’s premises. Probatory leverage at trial.
Filing of the application for action with French and EU customs, monitoring of border seizures, post-detention judicial follow-up, destruction or court action within statutory deadlines.
Assignation before the Tribunal Judiciaire de Paris, preliminary injunction if urgency, written exchanges, oral pleadings, judgment on infringement, damages, recall, destruction and publication.
Filing of a criminal complaint with the public prosecutor or as a civil party, coordination with customs and police investigators, follow-through to indictment and trial in cases of organised counterfeiting.
Goods bearing identical or similar marks for identical or similar products.
Unauthorised manufacture, use, sale, or import of patented products or processes.
Imitation of registered designs, copies of works, software code or database content.
Article L.122-6 CPI (software) and Article L.342-1 CPI (database sui generis right).
Marketplace sellers, social media, search ads, domain names, app stores.
EU Regulation 608/2013 applications, border seizure, destruction procedures.
Civil counterfeiting is a tort that triggers damages, injunctions, recall and destruction before the Tribunal Judiciaire de Paris. Criminal counterfeiting is an offence prosecuted by the public prosecutor with prison sentences and fines (Articles L.716-9 and L.615-14 of the IP Code). Both can be pursued in parallel.
After filing an application for action under EU Regulation 608/2013, customs detain suspected counterfeit shipments at borders. You are notified within 1 working day, and you have 10 working days (3 for perishables) to confirm infringement and initiate judicial action or accept destruction.
Yes. We deploy a combination of platform takedowns, identification orders, UDRP for domain names, civil action before the JIPC, and customs application for cross-border parcels. The Digital Services Act reinforces marketplace obligations to act on notices.
Proof of valid IP rights (certificates, recordal), proof of infringement (samples, captures, expert reports), proof of damage (sales loss, lost contracts, market share data). Saisie-contrefaçon is the most powerful tool for evidence gathering.
Under Article L.331-1-3 of the IP Code and Article L.716-4-10 for trademarks, French courts award damages combining lost profits, moral harm and the unfair benefit of the infringer. Provisional execution is routine, and recall, destruction and publication accompany the award.
Yes. Any rights holder with valid IP rights in France or the EU can sue before the JIPC, regardless of nationality. Coordination with foreign counsel is recommended for parallel actions in the US, UK, China or India to ensure a coherent global strategy.
