Intellectual property

28 April 2022 | Sandrine Petoin

Eric Zemmour’s presidential campaign: A candidacy announcement out of the (legal) frame

This is a presidential campaign video which created a buzz. Eager to show France, its history, its knowledge and its culture, Eric Zemmour illustrated his words with many images, without any authorization from the holders of the rights to the footage used. Could he rely on the copyright exception known as the “short quotation exception” (known as exception de courte citation under French law) or freedom of expression to circumvent copyright?

The Paris Judicial Court says no; the rights holders must be compensated and the video removed. However, could not the judges have ruled out any infringement on the ground that the very short footage at issue were merely incidental to the political speech?

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28 March 2022 | Sandrine Petoin

The Guerlain judgment on everyone’s lips…

Guerlain almost had its G lipstick case rejected as a three-dimensional trademark, but the judges of the General Court of the European Union were more flexible in their assessment of its distinctiveness than the European Union Intellectual Property Office.

The shape of the lipstick, comparable to a ship’s hull or baby carriage, was considered sufficiently arbitrary, as the General Court of the European Union considered this shape unusual, easily memorable and uncommon on the market. It also found that the rounded contours of the tube prevented it from being positioned vertically as is customary, a clarification related to the use of the product that may nevertheless be surprising.

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24 February 2022 | Sandrine Petoin

Inventions by non-employees: Awaited extension of the regime applicable to employees with respect to software and service inventions

Ordinance No. 2021-1658 of December 15, 2021 relating to intellectual property rights in assets generated by software developers or inventors who are neither employees nor public agents and who have been hosted by a legal entity carrying out research (the “Ordinance”) unifies French intellectual property law with respect to service inventions.

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30 January 2018 | Soulier Avocats

Handbook on the new transparency and fairness requirements imposed on operators of digital platforms since January 1, 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. Since January 1, 2018 new requirements apply to some websites, as […]

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28 October 2016 | Soulier Avocats

Prevention and Intellectual Property

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) […]

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