Copyright protection over a portal

Publié en November 2018

That’s right! This is France and France is known worldwide (at least we French people like to think so) for its contributions to the arts, its intellectual creations, its original productions. Yet we are talking about copyright protection claimed over a portal, a front gate.

In 2012, a portal manufacturer filed a lawsuit for copyright infringement claiming another company had a portal made based upon its plans and drawings, after

Law and Intellectual Property as growth boosters

Publié en October 2018

This article is the transcription of a presentation by Manuel ROCHE, Industrial property attorney and President of the International Relations Committee of the CNCPI (the French Patent and Trademark Attorneys Institute), during the international symposium “Paris, European hub for business, digital, IP and tech law” which took place the 11th of October 2018, at the Tribunal de grande instance de Paris (Paris First instance Court of Paris), organized by the

Design of a retail store may be protected by copyright in France

Publié en August 2018

The layout of a retail store, even more if it is a flagship store or a franchise store, often created by a designer or an architect, may be protected in France by copyright if the originality of the store design is recognized by the courts.

Such is the case of the franchised hair salons Shampoo, given their characteristics detailed by the Court of Appeal of Douai (April 5, 2018, Case

EU / China – The battle for technology transfers

Publié en June 2018

Early June 2018, the European Union has initiated proceedings before the World Trade Organisation against China for failing to respect the intellectual property rights of European companies.

Observing that “European companies coming to China are forced to grant ownership or usage rights of their technology to domestic Chinese entities and are deprived of the ability to freely negotiate market-based terms in technology transfer agreements”, the EU decided to take action

3D trademark v/ Community design – The Tic Tac box case

Publié en February 2018

The three-dimensional trademark, filed for sweets and consisting of an empty and unlabeled TIC TAC box, although considered as a weak trademark, is opposable to a Community design consisting of a full candy box, bearing figurative and verbal elements.

First of all, an earlier trademark right can be opposed to a later registered Community design (RCD) as:

Part of the prior art, to destroy the novelty or individual character of

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