Unjustified threats in IP: a French case

Publié en October 2017

While the UK Intellectual Property (Unjustified Threats) Act 2017 is in force since the 1st of October 2017, there exists no specific provisions in the French IP Law governing the forms of a letter containing a communication or a threat to bring infringement proceedings against someone, that would distinguish between actionable threats and permitted communications. The French common civil liability law is therefore applicable.

According to the French courts, in order

CNCPI Workshop – Digital Business and IP

Publié en October 2017

CNCPI Workshop is the annual event intended to businesses and individuals to increase information and promote public awareness on intellectual property issues.

The French Patent and Trademark Attorneys Institute (CNCPI), will organize the 2017 workshop on 7 November 2017 in several major French cities on the topic: “Digital Business and IP”.

It will address all necessary and useful legal advice to run a successful

Countries of the International trademark system

Publié en October 2017

The International trademark system provides a variety of centralized administrative procedures to protect and manage a trademark in one or several member countries of the Madrid system (Madrid Agreement and Madrid Protocol).

The system of International registration of marks is administered by the International Bureau of the World Intellectual Property Organization (WIPO), based in Geneva, Switzerland.

A basic mark, protected in the “home” IP

Giant: too big to be a trademark

Publié en September 2017

Signs or names which may serve to designate a characteristic of the goods or services covered by the trade mark are devoid of any distinctive character; (…) It is irrelevant whether the characteristics of the goods or services which may be the subject of the description are commercially essential or merely ancillary”.

This is what the Cour de cassation, the Highest civil Court in France, decided in a case dealing

Genuine use of a mark – The Delage case

Publié en September 2017

A non-profit association that revives a mark for cars and provides spare parts to collectors does not make a genuine use of such mark.

This is what the Cour de cassation, the Highest civil Court in France, decided in a case dealing about the French mark for automobiles and race cars DELAGE.

A French association called The friends of DELAGE applied for the mark DELAGE for vehicles in 1985. Originally,

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