Communication is essential to remind everyone of their rights and obligations, but it is not enough.
It is essential to seek out and police counterfeiters.
When an amicable settlement is not possible, legal proceedings are necessary. Infringement actions are carried out within the legal framework of the protection by PVP (European National Office for Plant Breeders’ Rights) or registered trademarks.
Counterfeiting can be proven even by means of a seizure.
To calculate damages, the courts may take into account the negative economic consequences, including the loss of profit suffered by the injured parties, the profits made by the counterfeiter and the moral damage caused to the rights holder.
Note: In order not to risk a condemnation for counterfeiting, each actor in the fruit chain (from the marketer to the final seller) must be able to demonstrate that the product is of legal origin.