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France jurisdiction report: The role of warehouses in e-commerce

France14-08-2020Aurélia Marie

In a preliminary decision, the Court of Justice of the European Union ruled in April on the responsibility of Amazon warehouse-keepers for the sale by a third-party seller on the online marketplace of perfume bottles for which the rights had not been exhausted.

France jurisdiction report: New trademark rules take effect

France29-04-2020Aurélia Marie

The EU Directive approximating the laws of the member states relating to trademarks has been implemented in France.

France jurisdiction report: Originality does not mean beauty

France27-11-2019Aurélia Marie

According to Regulation 6/2002 of December 2001 on Community designs or the Directive 98/71/EC of October 1998 on the legal protection of designs, applied arts can benefit from a plurality of protections originating from design right and copyright, with each protection subject to its own specific rules.

France jurisdiction report: In the driving seat

France17-09-2019Aurélia Marie

France’s draft law on Mobility Orientation, adopted in first reading by the National Assembly, if adopted will liberalise the market of certain spare parts used to repair motor vehicles.

France jurisdiction report: Copyright in the digital age

24-05-2019Aurélia Marie

The Directive of the European Parliament and of the Council on Copyright in the Digital Single Market was adopted on March 26, 2019 by the European Parliament. It provides general rules for the protection and the conditions of use of works protected by copyright in the fields of research, education and the conservation of cultural heritage.

France jurisdiction report: What happens after a ‘no-deal’ Brexit

France05-04-2019Aurélia Marie

We all know that departure of the UK from the EU is scheduled to take place now on April 12 2019, in the absence of any agreement or decision to the contrary.

France jurisdiction report: Seniority of a national trademark

France19-02-2019Aurélia Marie

Any owner of a trademark registered in a member state of the EU may claim the seniority of his national trademark in a European trademark for identical goods or services. This claim of seniority has the effect of allowing this owner, if he ceases to maintain his trademark locally, to continue to benefit from the same rights he would have had if his national trademark had been maintained.

France jurisdiction report: The case of ‘Neuschwanstein’

France03-12-2018Aurélia Marie

Can the name ‘Neuschwanstein’ work as a trademark or is it an indication of geographical origin?

France jurisdiction report: Good news for parallel importers

EU, France18-09-2018PharmaceuticalsAurélia Marie

Parallel importation of pharmaceuticals in the EU has, for a long time, raised many issues. National constraints require the parallel importer to modify the presentation of the products in order to comply with national laws, and the trademark owner has tried to make use of such alteration to oppose the commercialisation of the goods that were escaping its distribution network in that way.

France jurisdiction report: Castles and commercial use

France06-08-2018Aurélia Marie

Can an image of a castle belonging to the French public domain be reproduced for commercial use without financial compensation to, or authorisation from, the public institution in charge of the Chambord Estate, in the Loire Valley?

Showing 1 to 10 of 35 results

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