New official fees for trademarks in France

Publié en December 2019

Governmental decree of 9 December 2019 is one of the latest measures implementing in France Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (see our article here), consistent with the new French legislation on trademarks (see our article here).

The new system is in line with the European trademark system.

Until

New French regulations relating to trademarks

Publié en November 2019

The “PACTE” Law provides new important regulations as regards patent (see our article here), but also initiates the transposition of the famous “trademark Package” (detailed in our dossier here) into French law following the Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 (see our article here).

On November 13, 2019, was issued Government order No. 2019-1169 “on trademarks or service marks”, which profoundly

Modification of the limitation period for infringement proceedings

Publié en October 2019

According to new Article L.716-5 of the French Intellectual property Code, “trademark infringement action is limited to 5 years from the day on which the holder of a right knew or should have known the last fact enabling him to exercise it”.

This Article corresponds to Article L.615-8 for patent infringement actions (see our article here) and to Article L.521-3 for infringement actions related to industrial designs.

If the five-year

Countries of the International trademark system

Publié en October 2019

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

IP protection for recipes and culinary creations in France?

Publié en September 2019

Whereas European case law considers that a taste of food cannot be protected by copyright (see our article here), a new Intellectual Property title could be created to protect culinary creations: the culinary creation certificate.

This is the purpose of a law proposal introduced on April 30, 2019, aiming at protecting both recipes and cooking creations.

Closing the legislative gap

The law “does not offer real protection of the recipes

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