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Tag Archives: France

FRAND license litigation: new ways of accessing relevant rates in France

Besides its new provisions defining the trade secret and sanctioning its infringements, the French Law of 30 July 2018 regarding Trade Secret offers new procedural instruments aimed at efficiently protecting the confidentiality of the exhibits submitted by the parties. Article L.153-2 of the Code of Commerce provides that any person having access to an exhibit

French government report on cyber threats summarized

This summer, the French government, through the Home Office (Ministre de l’Intérieur), announced the publication of a detailed report on cyber threats in 2018. The report identifies, explains and illustrates current threats in the digital environment and the production of the report was coordinated by the “Délégation ministérielle aux industries de sécurité et à la

France – Rejection of a second SPC for a biological medicinal product

Cour de cassation, Commercial Chamber, 16 May 2018, No. 16-21638 The French Cour de cassation upholds the Paris Court of Appeal’s decision to reject an SPC application for a biological medicinal product which was based on the same patent as a first SPC but on a different market authorization. The Government of the United-States of

CJEU: French connection – when online infringement crosses borders

This short IP Enforcement V-log, summarises a recent claim of online infringement in which French courts were permitted to proceed against online infringement outside France. But does this pave the way for future multi-jurisdiction cases under Article 5 of the Brussels regulation? Watch this v-log here IP Enforcement Focus is a series of written, video and audio posts which plug

France: Trickery of speech fails to overcome lack of patentability of claims relating to computer programs per se.

Paris Court of First Instance (“Tribunal de Grande Instance”), 3rd Chamber, 1st Section, released the full decision in late September for case N°14/05735 In 2010, a French telecom provider launched the sixth generation of its “box”, which serves as an interface between the provider’s network and subscribers’ IT and/or audiovisual and/or telecom equipment and allows such

France – SEP cases begin by evidencing essentiality

First Instance Court of Paris, 17 April 2015, Core Wireless Licensing SARL v. LG Electronics Inc. and LG Electronics France The First Instance Court of Paris holds that when asserting alleged Standard Essential Patents (SEPs), a patent holder cannot just state and presume the essentiality of said patents. Core Wireless Licensing SARL (“Core”) purchased roughly

Paris Court of Appeal orders video-sharing website Dailymotion to pay substantial damages for failure to promptly remove infringing content

In a recent decision of the Paris Court of Appeal dated 2 December 2014, the French video-sharing website Dailymotion was held liable to pay more than 1,2 million Euros in damages to the French TV channel TF1 and other stakeholders on the grounds that Dailymotion did not promptly remove around 60 videos unlawfully made available online

France: A first! – Approval by the Council of State (“Conseil d’Etat”) of the scales relating to the remuneration for private copying established by the Commission Copie Privée.

Much awaited by rights holders and members of the industry alike, the Council of State (the French highest administrative court) rendered, on 19 November 2014, two decisions approving the remuneration scales established by decisions No. 14 of 9 February 2012 and No. 15 of 14 December 2012 of the French Committee provided for by Article

France: Publishing contracts in the digital era – Amendment of related provisions

Order No. 2014-1348 of 12 November 2014, which entered into force on 1st December 2014, amends certain provisions of the French Intellectual Property Code regarding publishing contracts and introduces some new ones. These amendments, which were made possible by legal order No. 2014-779 of 8 July 2014, were adopted after a framework agreement was signed

France: New Weapons for the Protection of Geographical Indications and Local Authorities in France

Introducing various measures relating to French consumer law. Law No. 2014-344 (“Hamon law”) enlarges the existing protection of geographical indications applicable for agricultural products and foodstuffs to industrial products and enhances the protection of the names of local authorities. In France, the protection of geographical indications was previously strictly limited to agricultural products and foodstuffs,