La Contrefaçon et la concurrence déloyale

Estimates indicate that each year, counterfeiting costs the companies that fall victim to it more than 6 billion euros in lost sales. This is a scourge that can affect every company, in the same way as other unfair competitive practices, such as customer poaching. Whether you are a victim of unfair competition on the part of a rival company or one of your employees, Corpguard can help you provide evidence of the offence, so that you can defend yourself more effectively.

Following a sudden drop in sales or reduction in your customer portfolio, you may suspect that the reason is unfair competition. You have to react by providing evidence of misconduct on the part of a competitor or even an employee, and that you are suffering a loss. It is important to act quickly, as the consequences of unfair competition, customer poaching or counterfeiting may be severe, both in terms of sales and of your company’s brand image.

Independent investigations conducted in France and abroad

In addition to the assistance of a solicitor, taking legal action in response to this type of behaviour calls for expertise in the areas of information, investigation and adducing evidence.
Where we accompany companies that have fallen victim to unfair competition, we perform investigations to reconstruct the facts, assess the scale of the losses and gather the evidence necessary to initiate legal action.
We perform independent investigations extending right across France and Europe. These will remove any doubt concerning suspicions and gather evidence of unfair competition from competitors or employees.
The investigators that we use on your case are information professionals who have an in‑depth grasp of human, financial and digital investigation techniques. They will gather any information that can provide evidence of misconduct on the part of a competitor or employee.

Investigations into counterfeiting

The market for counterfeit goods continues to expand. It is estimated that direct losses of sales associated with counterfeit goods cost companies €6 billion per year.* And this is a practice that affects all industries: medicines, electronics, textiles, multimedia, food processing, cosmetics, spare parts, etc.
In addition to its economic and financial impact, counterfeiting damages the reputation of businesses and may pose a hazard to consumers.
In cases like this, our task is to identify the origin of counterfeit products, work our way backwards through the counterfeiting networks and channels, and locate the stocks.

Expertise in adducing evidence

CORPGUARD performs investigations on behalf of solicitors, their clients and companies. We deliver detailed reports in which evidence has been compiled. These reports highlight the existence of any professional activities that are in breach of the contract of employment, business law or competition law.
This evidence will enable your solicitor to prepare an ex parte application, under Article 145 of the Code of Civil Procedure, calling on the courts to appoint a bailiff. The bailiff will then be able to draw up the necessary reports and compile a collection of administrative and commercial documents, correspondence, electronic data, data on hard disks, etc. This will constitute an irrefutable body of evidence to back up legal action brought before the competent courts.
Having provided the information necessary for an ex parte application under Article 145, our staff will then prepare the ground and assist the bailiff with his/her court-ordered intervention.

Seeking out evidence on digital media

Our experts can also assist the bailiff with the task of seeking out evidence on digital media. By analysing the content of the hard disks contained on mobile phones or computers, they can recreate browser history and email account use, retrieve deleted data and offer the data gathered for use as evidence admissible in court.
Adducing evidence in this way enables you to defend your interests, and to bring legal action against rivals who are guilty of unfair competition.

*source: “L’impact de la contrefaçon” – Unifab report – April 2010

Case studies

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