Guest blog: The lessons from France’s fight against online fakes

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Guest blog: The lessons from France’s fight against online fakes

Jean-Baptiste Barbier, Counsellor for IP at the French Embassy in Beijing, explains how policies adopted by the French government have helped to cut levels of counterfeiting on online platforms, and how businesses around the world can use them to protect their customers and build respect for IP on the internet


A necessary response to a serious issue for consumers and businesses alike

In 2008, the French government made the fight against online counterfeiting the top priority of its national IP policy agenda. The situation back then was critical: online sales of fake products dramatically increased and triggered waves of complaints from aggrieved consumers, led to litigation between brand owners and e-commerce platforms, and damaged the public image of e-commerce.

The key issue was how to stop online sales of counterfeit products without harming the booming business of e-commerce. The French government initiated a dialogue between e-commerce platforms and IPR holders. After nine months of consultations and negotiations led by the President of the National Anti-Counterfeiting Committee (CNAC), and supported by the French Industrial Property Office (INPI), an arrangement was found between the major e-commerce platforms and over 500 French and international brands. The charter provided a set of preventive measures and reactive procedures, to be implemented through continuous cooperation between the parties.

Filtering as the key for efficient detection

First, technical detection tools (filters) based on information provided by IPR holders were set up by e-commerce platforms. These tools include key words showing the counterfeit nature of the products offered for sale, identity verifications, identification of dubious offers, an analysis of sellers’ profiles and behaviours and detection of repeat offenders.

The charter also provides reactive measures so that action can be taken against counterfeiters. Rights holders can use a simplified notice and takedown procedure. Sanctions against sellers of counterfeit goods can include a six-month suspension or closing of their accounts, plus measures to prevent re-registration. Sellers must also prove the authenticity of the products or the authorisation of the IP rights holders.

Over the following 18 months, the parties implemented anti-counterfeiting mechanisms and exchanged information. The first results were very encouraging.

Immediate and inspiring results

The volume of online fake products significantly decreased or simply disappeared, and so did the number of claims.

A direct and solid dialogue is now established between stakeholders and government. An annual assessment of this mechanism regularly highlights the positive impact of these solutions. This soft law providing efficient preventive tools became a standard in France. The French ‘’Charter of confidence’’ is also widely promoted abroad as an example of good practice. It inspired a similar initiative adopted at the EU level in 2011. In 2012, two more agreements were signed in France between IPR owners and classified advertising platforms, and with postal operators.

In France – and in Europe – the challenge is now to widen the scope of this type of cooperation by including other intermediaries such as advertising service providers, payment services and shippers.

The lessons for IPR enforcement online in China

It is crucial to tackle the problem before it is too big. The Chinese central government is currently encouraging local police and administrative enforcement authorities to become more active in monitoring and investigating online counterfeiting.

Together with large French companies, the French authorities are developing contacts with the major Chinese e-commerce platforms, social media platforms and search engines to offer assistance for implementing filters and improving notice and takedown procedures. Detecting obvious and recurring fakes is technically possible and useful for both sides. For instance, collaboration with e-commerce platforms consists of rights owners identifying trends and platforms setting up proactive measures to prevent similar ads from being published in the future. A step-by-step approach based on mutual trust and a win-win spirit will build confidence that filtering is a necessary and efficient tool to reduce IPR infringements and deter counterfeiters.

In China, detection tools could soon become the new standard. But to achieve this goal, the cooperation of companies is necessary and more international brands owners should integrate this requirement in their dialogue with internet companies. Only by working all together we can ensure that IP rights are respected online.

Jean-Baptiste Barbier is the representative of the French IP Office in China and Counsellor for IP at the French Embassy in Beijing.

more from across site and SHARED ros bottom lb

More from across our site

A settlement between Philips and Transsion and a loss for AstraZeneca in the UK were also among the top talking points
Working with Harvey and Microsoft, the firm has been at the forefront of developing AI tools for its lawyers, and is now exploring new projects and business models
The Emotional Perception AI case, which centres on the patentability of an artificial neural network, will be heard next week
Developments included a court order related to InterDigital’s anti-anti-suit injunction against Disney, and clarification on recoverable costs
Partners at Foley Hoag examine how recent CJEU jurisprudence may serve as a catalyst for recalibrating US judicial reluctance to entertain foreign patent claims
International law firms have high hopes for their IP practices in Saudi Arabia, with many opening offices, but recruiting and retaining talent in the Kingdom presents unique challenges
Patrick Ogola joins us for our ‘Five minutes with’ series to discuss helping African entrepreneurs on the global stage, and explains why young lawyers should speak up
Heli Pihlajamaa, the EPO’s principal director for patent law and procedures, joins us to take stock of the unitary patent following its second anniversary
Kelly Thompson, chair of South African firm Adams & Adams, discusses self-belief, self-doubt, and the importance of saying yes
The renowned food brands were represented by a host of lawyers, including members of the firms’ IP teams
Gift this article