A concept before the courts

Publié en July 2017

The French Cour de cassation, the highest civil court in France, recently issued a decision about how a concept can be protected through intellectual property rights. It is interesting to study this decision to be reminded that, although it is not impossible, protecting a concept can prove difficult. The important thing is to anticipate the obstacles to adopt the right strategy (see also our article about how to protect a

Wrong ideas about design infringement

Publié en June 2017

If there are at least 7 differences between two designs, there is no counterfeiting.

Wrong!

The designs are compared according to their similarities and the overall impression they produce on an informed user. If the overall impressions are the same, copying or infringement may be recognized. If they differ from each other, the first registered design is not infringed.

There is thus no anti-counterfeiting magic method. The key points are

Valentine’s day flowers

Publié en February 2017

A few months ago, we commented the judgment of the Court of First instance of Paris of 29 January 2016 which denied copyright protection to promotional pictures of flowers published on an e-commerce web site because of their lack of originality (here).

Before the Court of Appeals of Paris, the claim for copyright infringement was dropped, the appellant focusing its complaint on the notion of unfair competition (commercial free-riding).

In

New: e-Soleau is online

Publié en January 2017

Although they do not provide any legal protection, Soleau envelopes, named after their inventor, are a low-cost way of ascertaining the date of one’s creations in France.

Until now, creations were to be carefully described in two identical copies each of them respectively placed in both compartments of a Soleau envelope. Once it was sealed and registered before the INPI (French PTO) through a once-patented process,

Can Pharrell Williams claim copyright over first name?

Publié en October 2016

He did try before the French courts… and failed.

Over the past years, INSCRIPTA published several articles and news about colourful copyright cases. There were rather intellectual cases like the one involving William Faulkner and Woody Allen’s movie “Midnight in Paris” (here), some other were merrier like the ones about the Happy Birthday song (here and here). There even was a case involving selfies made

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