What is Counterfeiting?
Counterfeiting is defined as the reproduction, imitation, or use, in whole or in part, of a trademark, design, patent, software, or copyright without the authorization of its owner, while asserting or implying that the copy is authentic. This illegal practice is penalized under the Intellectual Property Code from Articles L335-1 to L335-9. The offense of counterfeiting is punishable by a fine of up to €300,000 and three years of imprisonment, along with damages payable to the victim of the counterfeiting.
Who Has the Right to Initiate an Investigation for Filing a Counterfeiting Complaint?
Any holder of an intellectual property right, whether it be artistic, literary, or industrial, who believes they are a victim of counterfeiting, can hire a private detective to protect their interests.
What Are the Possibilities for a Detective's Intervention in a Counterfeiting Case?
Businesses that are victims of counterfeiting can call upon a private detective to support their criminal or civil claims. A professional report from the detective will provide evidence that can help substantiate the claims. The detective’s intervention can include:
- Field Investigations: Implementing surveillance and tailing operations to gather the necessary evidence and protect the client’s interests.
- Administrative Investigations: Analyzing documents and administrative data to identify evidence of counterfeiting.
Why Hire a Private Detective to Prove Counterfeiting?
Hiring a private detective provides several advantages in proving counterfeiting:
- Materializing the Facts: The detective collects solid evidence that can be directly used in court.
- Saving Time: Quick identification and action can help stop the fraudulent activities and minimize losses.
- Establishing a Strong Legal Case: The detective’s evidence supports the legal case, making it easier to enforce intellectual property rights.
How Much Does a Detective's Intervention Cost for a Counterfeiting Case?
The cost of hiring a private detective varies based on the complexity of the mission and the necessary resources. Generally, detectives offer intervention packages starting from €500 excluding tax for such cases. Each case being unique, it is advisable to contact the detective agency for a detailed and personalized quote (see “Rates“).
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