Intellectual property

Google has agreed to pay a substantial new fine of €250 million to the French Competition Authority for failing to comply with its commitments regarding related rights (also known as neighboring rights).

Law No. 2019-775 of July 24, 2019 “on the creation of related rights for the benefit of news agencies and press publishers”, that transposed Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market, aims at ensuring fair compensation for news agencies and press publishers when their contents are reused on online platforms.

Following approval by the Council of the European Union and the European Parliament, the new Regulation on the protection of geographical indications for craft and industrial products was published on October 27, 2023 in the Official Journal of the European Union.

This Regulation marks a significant milestone in the protection of the names of European craft and industrial products as it creates a single system of protection throughout the territory of the European Union.

The trademark “L’EQUIPE”, renowned in the sports publishing business, had also been registered for other services. However, its owner should have made a serious use of it to have a strong legal base to bring an action for infringement and to avoid the risk of revocation.

But, for judges, sponsoring a sporting event does not mean making use of…

Given the extensive development of NFTs (“Non-Fungible Tokens”, Jeton Non Fongibles or “JNFs” in French), it had become urgent to assess the current legal situation and then to propose solutions or at least avenues of reflection to control their expansion, while respecting copyright and related rights (also known as neighboring rights).

This mission was entrusted to the Higher Council for Literary and Artistic Property (Conseil supérieur de la propriété littéraire et artistique) which presented its report on the subject on July 12, 2022.

Indications of origin and quality are valuable tools for local producers to promote the unique characteristics of their products as well as their traditional know-how. Therefore, a “geographical indication” can be granted whenever the product in question has a specific link to the place where it is made.

This is a presidential campaign video which created a buzz. Eager to show France, its history, its knowledge and its culture, Eric Zemmour illustrated his words with many images, without any authorization from the holders of the rights to the footage used. Could he rely on the copyright exception known as the “short quotation exception” (known as exception de courte citation under French law) or freedom of expression to circumvent copyright?

The Paris Judicial Court says no; the rights holders must be compensated and the video removed. However, could not the judges have ruled out any infringement on the ground that the very short footage at issue were merely incidental to the political speech?