Fight against counterfeiting

Counterfeiting is a threat that requires an upstream strategy to combat it and a solid defence in the event of a proven infringement.

Acts of infringement can take various forms depending on the content targeted (software, intellectual works, trademarks, etc.) and infringe your copyright as well as your related rights (as an audiovisual producer, communications company, performer, etc.).

In a globalized digital context, these acts are multiplying and make it essential to define strategies to fight against them that are adapted to the types of rights and content that make up your intangible heritage: monitoring, reflection on the appropriateness of implementing technical protection measures, and more generally all types of technological processes designed to protect your heritage.

We assist you in all stages of these protection procedures, both upstream and in the event of actual infringement: at the pre-litigation stage (formal notices, negotiations, settlements, etc.), during the judicial phase (petitions, seizures against infringement, summary proceedings, actions on the merits, exercise of remedies, etc.) and at the enforcement stage.

We also assist you in the event that you yourself are accused of infringement.

Recent experiences

1. Assisting a software supplier with intellectual property rights and unfair competition claims by a competitor that by hiring one of its former employees, our client had developed software that infringed its product;

2. Assisting a medium-sized French company providing corporate events, HR communication services and dispute resolution advice in drafting its general terms of service, including complex contractual law issues and strategic considerations to protect the client’s intellectual property in the content of their events, with particular attention to professional regulations;

3. Regular assistance to a major French media group in the context of cases relating to the piracy of its programmes and content (in particular sports content), and involving significant criminal sanctions and compensation claims, with parallel discussions on the modalities of fighting upstream against these frequent infringing acts;

4. Regular assistance to a company publishing a news website in the context of accusations of online infringement made against it;

5. Assistance to an electronic communications operator in the context of a summary action brought against it concerning the allegedly infringing presence of software embedded in its Internet boxes.

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