Strategic Lawering Paris Lyon Bruxelles

Intellectual Property

Published at 30 January 2018
Author : Flore Foyatier
E-newsletter: January 2018
Two of the three Decrees adopted on September 29, 2017 in furtherance of the Law for a digital Republic came into force on January 1, 2018. This provides the opportunity to recall the new transparency and fairness requirements imposed on operators of digital platforms.
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Published at 28 October 2016
E-newsletter: October 2016
Business reorganizations or acquisitions of companies often require the performance of a legal due diligence on the target in order to get the most complete picture of it. The due diligence process typically includes a series of investigations, including with respect to the intellectual property titles held by the target (portfolio of intellectual property rights) and, as the case may be, used by it (contractual audit). Most of the time, an IP due diligence reveals surprises…that are generally unpleasant.
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Published at 28 January 2015
Author : Flore Foyatier
E-newsletter: January 2015
Registration, as a trademark of the title belonging to a profession regulated by public authorities is contrary to public policy provisions. Such a registration can be cancelled. On the other hand, it may not form the subject of an ownership claim. This is the principle set out by the Cour de cassation (French Supreme Court) in a decision dated December 16, 2014.
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Published at 01 July 2013
Author :
E-newsletter: July 2013
In a case concerning the music Just because of you, the theme song of the French movie Les bronzés font du ski, the Cour de Cassation (French Supreme Court) reversed its case-law in a decision handed down on July 3, 2013.
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Published at 01 June 2013
Author :
E-newsletter: June 2013
The surge in the purchases of blank recording media (phones, external or multimedia hard drives, CD-Rs, DVD-Rs, USB devices, memory cards, GPSs, tablets, etc.) by French consumers has recently revealed the profound inadequacy of the French legislation on private copying remuneration.
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Published at 01 August 2012
Author :
E-newsletter: August 2012
In a decision dated July 12, 2012 , the First Civil Chamber of the Cour de Cassation (French Supreme Court) held that the Google Suggest tool, that guides Internet users to sites proposing the illegal downloading of works protected by copyright, “provided the means to infringe copyright and related rights”.
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Published at 01 December 2011
Author :
E-newsletter: December 2011
Trademark law and business law must permanently evolve and address new practices that emerge from the development of the Internet. It is indeed necessary to strike the appropriate balance between the interests of companies wishing to protect themselves against unfair business practices and to protect their trademark(s) and the necessity to guarantee free market competition.
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Published at 01 September 2011
Author :
E-newsletter: September 2011
In a judgment dated May 24, 2011 , the Cour de Cassation (French Supreme Court) recalled that the proprietor of a trademark can, if it has legitimate reasons, oppose further sale of its products even when products have been previously marketed by it – or with its consent – with the European Union or European Economic Area.
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