the National Chamber of Bailiffs engages in anti-counterfeiting
For the first time, the National Chamber of Bailiffs by its president, Patrick Sannino, decided to engage with UNIFAB on the occasion of the World Anti-Counterfeiting Day June 5, 2014 at the Museum of Counterfeiting.
This commitment is an opportunity to emphasize that the bailiff is the main ally of the companies in terms of evidence. The evidence is at the heart of the process of fighting against the infringement of intellectual property rights.
How the bailiff can help the companies on infringement?
As a first step, to prevent any harm to copyright, it is advisable to be in capacity to prove the priority of creating a work of the mind. The probative value of the bailiff‘s report is particularly well suited to this problem as it will prove beyond doubt the date of creation and thus oppose a potential infringer.
The Internet has become in recent years, the inescapable "place" to display and sell all kinds of products. It is not uncommon the owner of an intellectual property right discovers that one of its products was counterfeit. Therefore, he or she will ask a bailiff to observe this established fact before the web page is modified or deleted. Crystallize the situation before it evolves, this is one of the skills of the bailiff. The contractor will then begin calmly an amicable or judicial proceeding.
To prove the sale of an allegedly infringing product in a store or on the Internet, the bailiff may make a "statement of purchase". This finding may be a prerequisite for an amicable process or be used as evidence in support of a motion for the judge to make a seizure of counterfeit.
Finally, the bailiff is the key player to prove materiality, the origin and extent of counterfeiting in connection with the procedure of seizure of counterfeit. This simple and rapid procedure is undoubtedly the queen of evidence in this matter. It helps to understand the alleged infringement in all its aspects and to match the probative value of the report drawn up by the bailiff that it is particularly difficult to combat by the party.
The bailiff has thus become an undisputed defender facing abuses of intellectual property rights, alongside the entrepreneur wishing to establish strong evidence.
Website of the UNIFAB (Union of Manufacturers) :
www.unifab.com
