{"id":11323,"date":"2025-11-13T10:59:02","date_gmt":"2025-11-13T10:59:02","guid":{"rendered":"https:\/\/groupehyperion.com\/lexique\/counterfeiting-definition-and-protection-of-your-rights\/"},"modified":"2025-11-13T10:59:02","modified_gmt":"2025-11-13T10:59:02","slug":"counterfeiting-definition-and-protection-of-your-rights","status":"publish","type":"glossary","link":"https:\/\/groupehyperion.com\/en\/lexique\/counterfeiting-definition-and-protection-of-your-rights\/","title":{"rendered":"Counterfeiting: Definition and Protection of Your Rights"},"content":{"rendered":"

What is counterfeiting?<\/strong><\/p>\n

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. <\/p>\n

The most common forms of counterfeiting include:<\/p>\n

Trademarks<\/strong>: reproduction of a logo, brand name, or visual identity without authorization. A competitor might, for example, use a similar logo to mislead consumers. <\/p>\n

Patents<\/strong>: manufacturing or marketing a product using a patented invention without the patent holder’s agreement.<\/p>\n

Copyrights<\/strong>: reproduction of artistic, literary, musical, or audiovisual works without the consent of their authors.<\/p>\n

Designs and Models<\/strong>: copying the appearance of a product (shape, color, texture) protected by registration with the INPI<\/a>.<\/p>\n

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. <\/p>\n

Penalties provided by law<\/strong><\/p>\n

Counterfeiting exposes its perpetrator to severe penalties:<\/p>\n

Criminally<\/strong>: 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. <\/p>\n

Civilly<\/strong>: payment of damages to the victim, seizure and destruction of counterfeit products, publication of the judgment at the counterfeiter’s expense.<\/p>\n

These penalties demonstrate the seriousness with which the legislator views these offenses, which harm the work of creators and distort competition.<\/p>\n

The role of the private detective in combating counterfeiting<\/strong><\/p>\n

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

Our investigators at Groupe Hyperion conduct targeted investigations to document acts of counterfeiting:<\/p>\n