Counterfeiting Law in France

Counterfeiting Law in France: Similar to other developed countries, France has a unique system of safeguarding intellectual and industry property rights. This system is not only applicable to creative or artistic rights but is also used to govern patents, trademarks, designs, and drawings ("France Intellectual Property Law," n.d.). Generally, the country's intellectual property law covers three major areas i.e. intellectual rights within the country, intellectual property rights outside the country, and intellectual property rights within the European Union by European patents.

One of the most important aspects of intellectual property law in France is anti-counterfeiting law. While counterfeiting is an offense that is relatively difficult to understand, it has considerable effects on intellectual property rights. In the past few years, France has enacted various measures to help deal with this crime, particularly the anti-counterfeiting laws. Counterfeiting is a crime that can take various forms such as illegal downloading, which makes it difficult to understand and deal with.

However, regardless of the form it takes, this crime involves the use of a right to intellectual property without the permission from the owner (Hyeans & Guillaneuf, 2011). According to the findings of recent surveys, counterfeiting crimes in France have increased, especially in the textile industry. The increase in the number of these offenses has contributed to the need for the nation's government to develop effective measures to deal with it.

The need to address counterfeiting in France is also fueled by its effects on the luxury brands and the country's economy. One of the major effects of counterfeiting on the luxury brands is that it contributed to diversion of real products or brands from their field of distribution. Secondly, this offense damages the real contents of the brands and results in the production of false brands, which make it difficult to distribute and sell original brands.

The effects of this activity on luxury brands in turn affect the country's economy by generating some financial risks due to infringement of monetary policies or fiscal rules. The ongoing violation of financial rules has considerable effects on the economic growth within the country. In addition, these financial risks can be threats to the health and security of the public since some of the counterfeit products do not undergo necessary chemical or physical tests.

Due to the effect of counterfeiting on luxury brands and the economy, France has adopted various measures to help eradicate the crime. Notably, most of the country's initiatives to deal with the offense have resolved around the enactment of anti-counterfeiting laws. Some of these anti-counterfeiting initiatives in France include border measures in which customs authorities have been given investigative and anti-counterfeiting powers to seize counterfeit products (Casalonga & Guerrini, 2009).

The custom authorities also have the powers to file a lawsuit against suspects on grounds of violation of the custom regulation framework for trademark infringement. The second measure for fighting counterfeiting is civil enforcement of laws through which special courts have exclusive jurisdiction for all intellectual property issues. The final measure involves anti-counterfeiting online through which French courts consider the unauthorized use and sale of online keywords regenerating registered trademarks as illegal.

The fight against counterfeiting in France also involves the use of Committee Colbert, which attacks the counterfeit market in the country. As part of playing its role, Committee Colbert attacks the counterfeit market through various ways including signing a charter with the country's postal service and shipping companies to fight against the online counterfeit products (Phelan, 2012). The other way in which the French luxury goods association fights counterfeiting is through a campaign against the practice that is characterized by anti-counterfeit advertisements.

An example of a French luxury brand fight against counterfeiting is Chanel, which has created.