A Guide To French Anti-Counterfeiting Law

Legal framework

French regulations

IP regulation is codified within the French IP Code. The code was amended by the Law of October 29 2007 against Infringement (1544/2007), which implemented the EU IP Rights Enforcement Directive (2004/48/EC). The amendment was followed by the application of Decrees 2008-624 and 2008-625 of June 27 2008.

Articles 38, 215, 215*bis*, 323, 414, 426, 428 and 437 of the Customs Code also apply.

EU regulations

The relevant EU regulations are as follows:

• the Council Resolution of March 13 2006 on a customs response to the latest trends in counterfeiting and piracy (OJ C67, March 18 2006);
• Commission Regulation 1891/2004, laying down provisions for the implementation of the EU Customs Regulation 1383/2003 (OJ L328, October 30 2004), amended to include two new member states (OJ L261/12, October 6 2007);