The action for infringement
Copying creations causes harm to all sectors of the economy, whatever the scale. A copy creation is a creation of which the author (you, the owner of copyright and copyright) can not fully enjoy.
There are several types of counterfeiting, sadly some are already known:
• Counterfeit mark : for example the production of certain brand bags by putting a false label, and sold at low prices. While these models have never been created by the company which owns the mark.
• Counterfeit products : these are copies of articles, similar to the original under a different name
• Infringement "mixed : it's the most famous forgery, because often the media, where the copy for both the model and brand. The luxury goods sector is the most common victim: Fake Louis Vuitton bags or Rolex watches for instance.
• Infringement of copyright and copyright:
This is a copy of a creation, a project, text, song, film script, the content of a website, but also a program, music, system, d a business plan.
The procedure for infringement :
In case of infringement, the law provides a cause of action, responding to the copy of your copyright and prevent the damage caused by this copy: lost profits, loss or decline in brand image, protect your network of resellers, confusion the choice of your existing or future customers.
Several causes of action are possible and depend on both your situation and that of the infringer of your right of Copyright.
For example: Your website has been copied and its contents (beyond the mere reference) is on this copy of your website online. Prevent right-clicking does not work, so you will need to provide other means to act in case of copy
- Look who owns the site (Publisher Site), in the pages of site (legal notices, terms and conditions of sale ..) or via the website www.whois.net.
- Record the copy, using screen shots (Alt + Print Screen).
- Apply for action by a bailiff (doubt) or by finding our automated online pages in question.
Once the evidence and filed, you can choose between:
a / sending notice to the infringer to remove the copied content that infringes your copyright
b / Appearing by your lawyer, and request a procedure, which will not only help to stop the spread of the copy, but also to establish the damage caused by the copy. This damage will be established for example through the seizure of the accounts where such former clients to you, the amount of revenues of material copied, etc
