Intellectual property

The surge in the purchases of blank recording media (phones, external or multimedia hard drives, CD-Rs, DVD-Rs, USB devices, memory cards, GPSs, tablets, etc.) by French consumers has recently revealed the profound inadequacy of the French legislation on private copying remuneration.  The French distributors of such media as well as the company responsible for collecting […]

In a decision dated July 12, 2012[1], the First Civil Chamber of the Cour de Cassation (French Supreme Court) held that the Google Suggest tool, that guides Internet users to sites proposing the illegal downloading of works protected by copyright, “provided the means to infringe copyright and related rights”. Google’s search engine does not simply […]

Trademark law and business law must permanently evolve and address new practices that emerge from the development of the Internet. It is indeed necessary to strike the appropriate balance between the interests of companies wishing to protect themselves against unfair business practices and to protect their trademark(s) and the necessity to guarantee free market competition. […]

In a judgment dated May 24, 2011[1], the Cour de Cassation (French Supreme Court) recalled that the proprietor of a trademark can, if it has legitimate reasons, oppose further sale of its products even when products have been previously marketed by it – or with its consent – with the European Union or European Economic […]