{"id":6632,"date":"2022-08-12T10:00:43","date_gmt":"2022-08-12T08:00:43","guid":{"rendered":"https:\/\/www.copyright.eu\/docs\/infringement\/"},"modified":"2022-08-12T10:00:44","modified_gmt":"2022-08-12T08:00:44","password":"","slug":"infringement","status":"publish","type":"docs","link":"https:\/\/www.copyright.eu\/en\/docs\/infringement\/","title":{"rendered":"Infringement"},"content":{"rendered":"

It is common to hear that there is a lot of infringement going on. Worse still, as a creator, you may fear that you are a victim of infringement<\/strong>. This can concern a multitude of areas: from artistic creations such as a design or a piece of clothing, to technical creations such as telephones or websites, to elements that identify a business such as a trademark. Depending on the rights in question, it is, therefore, essential to consider their protection and defence through infringement proceedings.<\/p>\n

1) Definition of infringement.<\/u><\/strong><\/p>\n

It is a violation of an exclusive intellectual property right<\/a> (trademark<\/a>, patent<\/a>, copyright<\/a>, etc.).<\/strong>. It involves the reproduction, imitation, or use, in whole or in part, of a right that is protected by intellectual property law, without the authorisation of the holder.<\/p>\n

Infringement constitutes an offence<\/strong>. The infringer may be held criminally liable<\/strong>, with penalties of up to four years imprisonment and a fine of \u20ac400,000. The infringer may also be held civilly liable<\/strong>, which may also lead to the payment of damages calculated based on the loss. It is also possible to obtain a ban on further infringements, the confiscation or destruction of the infringing objects and their means of manufacture, or the publication of the judgment.<\/p>\n

To prove infringement, several tools are available to right holders, including:<\/p>\n