Counterfeiting: Definition and Protection of Your Rights

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What is counterfeiting?

Counterfeiting refers to the unauthorized reproduction, imitation, or use of a good protected by an intellectual property right. It infringes upon the rights of the creator or legitimate owner and constitutes a criminal offense punishable by the Intellectual Property Code.

The most common forms of counterfeiting include:

Trademarks: reproduction of a logo, brand name, or visual identity without authorization. A competitor might, for example, use a similar logo to mislead consumers.

Patents: manufacturing or marketing a product using a patented invention without the patent holder’s agreement.

Copyrights: reproduction of artistic, literary, musical, or audiovisual works without the consent of their authors.

Designs and Models: copying the appearance of a product (shape, color, texture) protected by registration with the INPI.

Counterfeiting does not only concern major luxury brands. SMEs, artisans, and creators are also victims of these unfair practices, which cause significant economic and reputational damage.

Penalties provided by law

Counterfeiting exposes its perpetrator to severe penalties:

Criminally: up to 3 years imprisonment and a 300,000 euro fine (Article L335-2 of the Intellectual Property Code). These penalties can be increased to 5 years and 500,000 euros in cases of organized counterfeiting.

Civilly: payment of damages to the victim, seizure and destruction of counterfeit products, publication of the judgment at the counterfeiter’s expense.

These penalties demonstrate the seriousness with which the legislator views these offenses, which harm the work of creators and distort competition.

The role of the private detective in combating counterfeiting

When facing counterfeiting, gathering solid evidence is essential for legal action. This is precisely where the CNAPS-licensed private detective comes in.

Our investigators at Groupe Hyperion conduct targeted investigations to document acts of counterfeiting:

• Test purchases of suspicious products from resellers or online
• Surveillance of points of sale marketing counterfeit items
• OSINT research (open sources) to identify distribution channels
• Photographic evidence and sample collection
• Traceability of supply and import chains

Each collected element is recorded in a detailed, time-stamped report admissible in civil and criminal courts. This document allows your lawyer to build a strong case to stop the actions and obtain compensation.

Our expertise in unfair competition and our knowledge of intellectual property issues allow us to adapt our methods to each situation.

Protect your brand and creations

If you notice the marketing of products imitating your creations, do not wait for the damage to worsen. The faster the intervention, the easier it will be to trace the networks and stop the counterfeiting.

Groupe Hyperion, present in Montpellier, Paris, Toulouse, Limoges, Angers, and Geneva, operates throughout France to protect your intellectual property rights. Our specialized investigators collect legally usable evidence and support you in defending your interests.

Also discover how we manage commercial and professional disputes.