By amk, 14/06/2022
A fine of € 200 for counterfeit products holders?
The payment of this sum will extinguish criminal proceedings, according to a bill debated Thursday in the hemicycle of the National Assembly and which the government supports.3 min de lecture
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A flat -rate fine of € 200 for people with counterfeit goods.This is the main measure of a bill intended, according to its official title, to modernize the fight against counterfeiting, debated Thursday November 25 in the National Assembly in public session, that is to say in the hemicycle of the Bourbon Palace,After being examined by the Law Commission.
The text is supported by the government of Jean Castex."This bill, which we hope to see voted by the end of the mandate takes back recommendations from our exchanges with Bercy, the Chancellery, the Ministry of the Interior and Matignon, as well as with the manufacturers or the'National Institute of Industrial Property (INPI), "said Echos the deputy Pierre-Yves Bournazel, one of the rapporteurs of the text with Christophe Blanchet.The respective political groups of the two elected officials, acting together and democratic movement (Modem), are part of the majority.
According to the document resulting from the work at the Law Commission, the payment of the flat -rate fine may be offered to the persons who have committed the offense of detention without legitimate goods presented under a counterfeiting brand.The fine may be reduced up to € 150 or increased up to € 450.In the event of a recurrence, payment of the fine cannot be offered.À lire aussi
Persons regulating the flat -rate fine will escape a conviction
By adjusting this flat -rate fine, people who are fault will escape sentences that may be heavier.Payment will allow public action to be extinguished.No conviction by justice will therefore be possible with regard to these people for the facts.Scheduled for the offense, the maximum sentences of three years' imprisonment and a fine of € 300,000 are likely to be pronounced in the event of a conviction (article L. 716-10 of the intellectual property code).
The flat -rate fine system has already been in force since September 1, 2020 throughout the territory to suppress the use of narcotics, after experimentation in certain cities.A test of the appeal to the flat -rate fine has been applied since October 19 for the offenses of illicit occupation of a common part of collective building and illegal installation on the land of others.
This experiment is carried out in "the springs of the judicial courts of Marseille, Lille, Créteil, Reims, Rennes and Foix," said the Ministries of the Interior and Justice on September 4.
The objective of the flat -rate fine is to provide a criminal response to offenses, avoiding the putting into play of legal proceedings with random result.
Lost jobs and tax revenues
Due to counterfeiting, France lost each year, between 2012 and 2016, 38,372 direct jobs in ten economic sectors outside smartphones, underlined, in a report presented in February 2020, the Court of Auditors, which uses data from'Office of the European Union for Intellectual Property (Euipo).
"If tax losses for the French State are not detailed, they could be, for these ten sectors and excluding exports, of an order of magnitude of 2 to € 2.2 billion per year over the period 2012 to 2016", said the institution.A lire aussiAuteur : Timour AggiouriPublié le