Wearing a rep in France?

[Adam_Smith]

For the avoidance of doubt, it is illegal to wear a replica in every country within the EU.

On the other hand, if possession were illegal, how could it be explained that the Barcelona police helped this user to recover his replicas, when they were stolen from his home? https://forum.replica-watch.info/threads/stolen-watch-collection.10596967/post-11418630

On the other hand, when I ask ChatGPT about the subject (he is clearly no reliable source of authority, but he is indicative), he says the following:

As of my last update in September 2021, it's generally not illegal to wear a counterfeit watch in the European Union. However, there are related legal issues surrounding counterfeit goods:

1. Importation and Sale: It's illegal to import, produce, and sell counterfeit goods in the EU, including counterfeit watches. This can lead to severe penalties including fines and, in some cases, imprisonment.
2. Possession: While wearing or simply possessing a single counterfeit item for personal use might not be illegal in many EU countries, buying these items in bulk, even for personal use, might raise suspicions of intent to distribute or sell, which is illegal.
3. Traveling with Counterfeit Goods: If you're traveling into the EU with counterfeit goods, even if they're for personal use, they might be seized by customs officers. The same might apply if you're traveling between EU member states, depending on the circumstances and specific regulations of the countries involved.
4. Brand Protection: Luxury brands actively fight against counterfeiting due to its impact on their brand image, revenue, and customer trust. Some brands might take legal action if they believe someone is damaging their reputation, although simply wearing a counterfeit watch is unlikely to be grounds for such action.

 

[P..DR..D]

For the avoidance of doubt, it is illegal to wear a replica in every country within the EU.

I feel so naughty now, cool
My missus always calls me a goody two shoes, now I can proudly say I am breaking the law every single day, boom

To the OP, I wouldnt be stressing about LE tbh, police hopefully have better things to be doing than examining DW alignment or SELs on watches. If it ever happens (that day immediately go out and buy a lottery ticket btw) say you found it on a beach abroad, sorry officer, I didnt know, what should I do etc etc..

As for safe, be aware of your surroundings, same as everywhere.

 

[Karbon74]

What law or regulation establishes this? I would like to review the articles. I say this honestly. I am a jurist, although I do not practice and work in another sector. I am curious about the subject.

not aware either of EU level regulation. Las is at country level

 

[rcwatch]

I'm based near St. Raphaël, my friends and I have no issues with authorities here if that means anything.

 

[Geonor]

In Norway since we're outside of the EU we're are allowed to wear, buy and sell reps of anything domestically as long as it's not done "i næring" which translates to something like doing it to earn money. Very much in the spirit of this forum I would say.

Customs will still confiscate your rep if they discover it and send it back though but it doesn't come with a fine or any legal repercussions. I got a rep stopped a couple of weeks ago and I got a letter from customs saying they need additional documentation before august 28th or they would return the package to the sender. Oh well.

 

[mrsullivan]

Unless a EU directives says so, each country enforces its own regulations within european community.
As such, regarding counterfeit goods and although condemning such a market, I guess each has its own way to deal with it.

 

[MaximillianGT]

For the avoidance of doubt, it is illegal to wear a replica in every country within the EU.

I call this BS.

Importing counterfeit products to the EU: more expensive than expected | WINHELLER - Blog

Just like every year, hundreds of thousands of tourists are leaving for exotic vacation spots during the holiday season.

winheller.com

 

[muiramas]

I call this BS.

Importing counterfeit products to the EU: more expensive than expected | WINHELLER - Blog

Just like every year, hundreds of thousands of tourists are leaving for exotic vacation spots during the holiday season.

winheller.com

So why not cite something more than a random blog post with a couple of hits and no comments.

 

[MaximillianGT]

So why not cite something more than a random blog post with a couple of hits and no comments.

A random LAYWER blog. As a German citizen, I can tell you a tax lawyer here is considered a lawyer. Also, for decades I never heard of anything banning a citizen from wearing a rep here in Germany, and certainly not on the EU level which probably will be overruled by ECHR because of freedom of expression.

 

[muiramas]

A random LAYWER blog. As a German citizen, I can tell you a tax lawyer here is considered a lawyer. Also, for decades I never heard of anything banning a citizen from wearing a rep here in Germany, and certainly not on the EU level which probably will be overruled by ECHR because of freedom of expression.

The substance of his post is the tax implication of bringing a fake back from holiday when it could be regarded as genuine by customs and be taxed accordingly.

As for it not being illegal to import counterfeit products into the EU. Well, I beg to differ - we’ll all just tell customs our seized watches are not commercial items and if they inform the trademark owners of those fakes we’ll just have them overruled through the ECHR for not allowing our freedom of expression? Yeah, right.

 

[Karbon74]

Germany you are 100% right
France has a very different legislation on this.

Now enforcement at individual consumer level is rare. They go for the commercial operations. That said if you pass at the custom gate with a blatantly fake Chanel shirt, they will stop you.

I made several hundred flights up to today (not even joking...) and I have never seen someone being stopped for a watch. For luggage search yes.

 

[Pie]

More of a deterrence then actual ground enforcement...as long you don't sell fake goods.
They spend more time drinking expresso and thinking of lunch then to be bothered with what we wear....too many tourists also...how to enforce, lol....

 

[muiramas]

I mean of course you’re never going to be busted for it. Police have more important things to to, up to and including literally everything…

 

[Karbon74]

More of a deterrence then actual ground enforcement...as long you don't sell fake goods.
They spend more time drinking expresso and thinking of lunch then to be bothered with what we wear....too many tourists also...how to enforce, lol....

not going to complain

I did see them with like palette fulls of cigarettes and once raw "jungle meat"

 

[MaximillianGT]

The substance of his post is the tax implication of bringing a fake back from holiday when it could be regarded as genuine by customs and be taxed accordingly.

As for it not being illegal to import counterfeit products into the EU. Well, I beg to differ - we’ll all just tell customs our seized watches are not commercial items and if they inform the trademark owners of those fakes we’ll just have them overruled through the ECHR for not allowing our freedom of expression? Yeah, right.

100% sure you are not a trained legal personnel. First of all, that ECHR comment is based on your EU-wise wearing rep illegal "law" which I am certain that it is created by yourself. Secondly, Custom seizing your watch is based on criminal litigation, freedom of expression is something you need to bring the case to court. You just mixed up 2 different concepts in law.

 

[muiramas]

100% sure you are not a trained legal personnel. First of all, that ECHR comment is based on your EU-wise wearing rep illegal "law" which I am certain that it is created by yourself. Secondly, Custom seizing your watch is based on criminal litigation, freedom of expression is something you need to bring the case to court. You just mixed up 2 different concepts in law.

No, I was responding to the blog post you put up and your own quip on freedom of expression. But I fear we are going nowhere so I won’t reply to you again.

 

[snaes]

I would worry more about getting mugged

 

[Karbon74]

100% sure you are not a trained legal personnel. First of all, that ECHR comment is based on your EU-wise wearing rep illegal "law" which I am certain that it is created by yourself. Secondly, Custom seizing your watch is based on criminal litigation, freedom of expression is something you need to bring the case to court. You just mixed up 2 different concepts in law.

friend, no need to be agitated about this. we are just talking peace

German law indeed does NOT prohibit wearing a rep. But they can confiscate it and the brand can sue. trying to sell it is illegal

In France it is much stricter

there is no EU regulation

 

[MaximillianGT]

No, I was responding to the blog post you put up and your own quip on freedom of expression. But I fear we are going nowhere so I won’t reply to you again.

thank you, fake legal advisor. Thank you for your tailormade EU illegal wearing a rep law, it's entertaining.

 

[Karbon74]

@MaximillianGT @muiramas
I appreciate both of you guys a lot. No need to trade shots like this

the beers are on me