Infringement action, seizure of counterfeit goods and abuse of rights

Publié en May 2013

The right to initiate judicial proceedings should be implemented with caution because, according to the doctrine of abuse of rights, it is likely to degenerate into an abuse, and then likely to be subject to sanctions by the courts, when it is performed in bad faith.

However, there are legal matters, such as the infringement of intellectual property rights, for which determining what may constitute misconduct or

Commercial hyperlinks – Special dossier on European and French case law

Publié en April 2013

Commercial hyperlinks basics

For several years now, with the development of the e-commerce, web search engines have been proposing commercial advertising services which consist in generating, in addition to natural search results, alternative commercial results or ads in response to a given query by internet users.

Advertisers may select and enter specific keywords that, when typed in the web search engine, automatically generate their

Trademark: Likelihood of confusion & Independent distinctive role

Publié en April 2013

Does a composite marks consisting of a company name and a third party’s registered trademark automatically infringe this earlier right even when the reproduced element is not dominant?

Community and French courts tend to answer affirmatively when:

The reproduced trademark has normal distinctiveness; The reproduced trademark keeps an independent distinctive role within the composite sign, meaning that (i) the addition of the company name does not

Unitary patent

Publié en March 2013

After 30 years of fruitless trying, a new European intellectual property right has been created: the European patent with unitary effect (hereinafter referred to as the unitary patent). It provides for uniform protection throughout the territories of the participating Member States, currently all the 27 member states but Spain and Poland, and should be effective shortly.

The unitary patent will be an option for companies or

Pirates’ freedom of expression restricted by the European Court of Human Rights (ECHR)

Publié en March 2013

The European Court of Human Rights recently declared inadmissible the complaint filed by two founding members of the website The Pirate Bay that their convictions for copyright infringement by Swedish courts interfered with their right to freedom of expression under Article 10 of the Convention (ECHR, 19 February 2013, Fredrik NEIJ and Peter SUNDE KOLMISOPPI against Sweden, Application No.40397/12).

These two people had been condemned by