Transfer of an author’s rights – Dangers in the absence of written agreement

Publié en November 2014

The French Intellectual Property Code provides that performance, publishing and audiovisual production contracts must be in writing (Article L.131-2). In addition, “transfer of authors’ rights shall be subject to each of the assigned rights being separately mentioned in the instrument of assignment and the field of exploitation of the assigned rights being defined as to its scope and purpose, as to place and as to duration” (Article L.131-3

Launch of dotPARIS: Last chance for trademark holders

Publié en October 2014

Businesses have until November 11th to register on a priority basis their trademark or company names as a domain name.paris.

The dotPARIS is open to all natural and legal persons:

present in the Greater Paris area or; justifying professional, personal, commercial or cultural activities in the Greater Paris area or; justifying any other direct or indirect relationship with the Greater Paris area.

The launch

How to protect a concept?

Publié en October 2014

As you may know, protecting a concept in France is not an easy task, mainly because a concept is a general notion or idea and because abstract ideas cannot be protected by copyright and even less by industrial property titles such as patents, trademarks or designs.

Of course, even if a concept cannot be legally protected by itself or for itself, you can still achieve legal

Claim of seniority: rights without duties?

Publié en September 2014

The owner of a Community trademark which is identical to an earlier trademark registered in a Member State may claim the seniority of that earlier trademark for the Community trademark.

Once the claim of seniority is accepted by OHIM, the earlier trademark will continue to produce its same effects through the Community trademark. In case the earlier trademark is not renewed, it would not cause any

IP: Judicial courts have exclusive jurisdiction

Publié en September 2014

French Tribunal des conflits, arbitrating whether a case must be heard before judicial or administrative courts, has just ruled that judicial courts have exclusive jurisdiction over cases involving the liability of public entities as long as intellectual property law or intellectual property rights are concerned.

A French photographer had filed a complaint against a French administrative regional body for it had supposedly violated his copyright. According