The CEIPI is pleased to announce the publication of the volume 2 in its sub-collection dedicated to thesis:
"The deprivation of property as a penalty for counterfeiting. Essay on the fate of counterfeit goods" by Julien Douillard
In the context of the action in counterfeiting, the legislator has provided sanctions applying to goods counterfeiting an intellectual property right. These sanctions, qualified as deprivation of property, have the effect of limiting the use, or even losing the property of these goods qualified as counterfeit. However, it appears that the regulation, both legislative and judicial, of these measures is lacking. Judges tend not to give reasons of this optional sanction. Moreover, the destruction of goods can be carried out by customs without any intervention by the judge.
When it is provisionally ordered, for only alleged counterfeit acts, this sanction can paralyze an activity that is ultimately legitimate. However, the deprivation of property does not appear to be systematically necessary to ensure the respect for an intellectual property right. Since counterfeiting causes only the loss of exclusivity, a prohibiting measure may be sufficient to enforce intellectual property rights. Thus, the scope of the work should be on implementation of such sanctions in order to reconcile at best the two properties, at a time when fundamental rights are gaining more and more influence.
To obtain a copy, please contact our Publishing Manager:caroline.ertz[at]ceipi.edu
