U-blog - UGGC Avocats

News

Law Summit 2021 – Speech by David Gordon-Krief on the post-crisis practice strategy

On July 8th, 2021, David Gordon-Krief spoke at the "Sommet du droit" organised by Décideurs Magazine on the following topic: "Law firm strategy: turning crisis into opportunity". This event is…

Registration of a sound mark: the decision that will make some noise | 23/07/2021

IP-IT-Media

EU Court of Justice (First Chamber), 7 July 2021, Case T 668/19, Ardagh Metal Beverage Holdings GmbH & Co KG v. European Union Intellectual Property Office (EUIPO) The General Court…

The European Commission launches public consultation on draft Vertical Block Exemption Regulation and Vertical Guidelines | 20/07/2021

Antitrust, Distribution and Consumption

The European Commission published on 9 July drafts of the Vertical Block Exemption Regulation and Vertical Guidelines. The said drafts are submitted for public consultation to adapt the existing texts…

Neighbouring rights of videogram producers: the end of the road for a university | 16/07/2021

IP-IT-Media

Civil 1st, 16 June 2021, FS-B, No. 19-21.663 A university proposed to a producer to produce a film on the occasion of the centenary of the formulation of Einstein's theory…

Double patenting: confirmation of a prohibited practice | 16/07/2021

IP-IT-Media

EPO, Enlarged Board of Appeal, 22 June 2021, Decision No. G4/19 [1] The Enlarged Board of Appeal of the European Patent Office (EPO) issued decision G4/19 on 22 June 2021…

Brancusi’s Le Baiser: in life and in death | 15/07/2021

IP-IT-Media

Brancusi's Le Baiser: in life and in death Council of State, 9th and 10th chambers, 2 July 2021, no. 447967 The funerary ensemble, consisting of (i) the funerary stele and…

Russia: a law on wine products provides for new labelling of sparkling wines and champagnes | 15/07/2021

IP-IT-Media

A law signed by Vladimir Putin on 2 July stipulates that from now on, only sparkling wines produced in Russia will be able to use the name "champagne", which would…

Clarification of the administrative doctrine on the temporary system of neutralisation of free revaluations of assets introduced by the Finance Act for 2021 | 15/07/2021

Tax Law

The tax authorities have published their first comments on the temporary system of neutralisation of free revaluations of assets on taxable income recently introduced by the Finance Act for 2021…

UGGC Avocats and Manucci Advogados announce the incorporation of Clementino Advogados | 13/07/2021

News & Insights

Manucci Advogados, the firm associated with UGGC Avocats in Brazil, has announced the incorporation of Clementino Advogados in order to create one of the leading Employment Law departments in Brazil.…

UGGC Avocats – New sponsor of The Opéra National de Paris | 13/07/2021

News & Insights

UGGC Avocats is proud to announce its partnership with the Opéra National de Paris and the association AROP - Les amis de l'Opéra. As culture has been strongly affected by…

Act of communication to the public and liability of online platform operators: a return to the past | 09/07/2021

IP-IT-Media

Clarification of the concept of communication to the public and a look back at the conditions of liability of online platform operators for unauthorised uploads of works by users of…

Collective works: the Versailles Court of Appeal confirms that the recipe book “Ladurée Salé” belongs to the category of collective works. | 08/07/2021

IP-IT-Media

Versailles Court of Appeal, 1st Chamber, 1st Section, 2 March 2021, No. 18/08237 In its ruling of 2 March 2021, the Versailles Court of Appeal clarified the issue of multiple…

CJEU rules that systematic gathering of IP addresses is lawful | 08/07/2021

IP-IT-Media

In a decision handed down on June the 17th, 2021, the Court of Justice of the European Union ruled that the systematic gathering by a rights holder of the IP…

Rodolphe Boissau will be contributing to the IAEL Legal Summit 2021 on Thursday 15 July to answer the problematic “Legal Issues Reshaping the Entertainment Industry? | 08/07/2021

News & Insights

Rodolphe Boissau, consultant at UGGC Avocats in Paris and Brussels, will have the opportunity to participate in the IAEL Legal Summit to answer the following question: "Legal Issues Reshaping the…

On June 10, 2021, Charles-Emmanuel Prieur participated in a round table discussion on the theme “Growth Equity: transforming growth companies into champions”. | 06/07/2021

News & Insights

Charles-Emmanuel Prieur, Managing Partner of UGGC Avocats, spoke on June 10, 2021 at a round table organized by the Lettre des Juristes d'Affaires on the topic of "Growth Equity: transforming…

On July 1, 2021, Malka Marcinkowski spoke at the Legal Commission organized by Fédération de la Vente Directe! | 05/07/2021

News & Insights

Malka Marcinkowski, partner of UGGC Avocats spoke on July 1, 2021 at the Legal Commission organized by the Fédération de la Vente Directe on: The infringement of a non-competition clause:…

Commercial leases & indexation clause: important ruling by the Cour de cassation (French Supreme Court) dated 30th June, 2021 | 05/07/2021

News & Insights

In a ruling rendered on June 30, 2021, in a matter followed by our Firm, the 3rd Civil Chamber of the Cour de cassation, partly reversing previous rulings, confirmed the…

El 17 de junio de 2021, Nizar Lajnef intervino en el Seminario Exportadores Mexicanos organizado por la Embajada de México en Francia | 05/07/2021

News & Insights

Nizar Lajnef, abogado de UGGC Avocats en Paris, especializado en derecho de la competencia y de la distribución, intervino el jueves 17 de junio de 2021 con el Despacho de…

Olivier Moriceau joins UGGC Avocats as a partner in charge of the Banking & Finance department | 02/07/2021

News & Insights

UGGC Avocats, a leading business law firm, is expanding its team of partners with the arrival of Olivier Moriceau. Olivier Moriceau will put his skills at the service of the…

Digital – Willingness of national competition authorities to be involved in the Digital Market Act: which interaction with competition law? | 01/07/2021

Antitrust, Distribution and Consumption

Since the publication by the European Commission of the proposed Digital Market Act ("DMA") regulation on December 15, 2020, which introduces new tools to control the main players in the…

Conference of Ministers responsible for Media and Information Society of the European Council: key points | 30/06/2021

IP-IT-Media

On 10 and 11 June 2021, the ministerial conference "Artificial Intelligence (AI) - Smart Policy - Challenges and Opportunities for Media and Democracy" of the European Council was attended by…

Image rights: the mere capture of a person without his authorization gives rise to a right to compensation | 01/07/2021

IP-IT-Media

In a recent decision of June 2, 2021, the Court of Cassation (FRANCE had the opportunity to come back on the notion of image rights, particularly when the capture and…

“SMAD” decree: Establishment of financing obligations for video-on-demand platforms | 28/06/2021

IP-IT-Media

As the industry and the public prepare for the atypical Cannes Film Festival in July 2021, the entire audiovisual ecosystem is on high alert as the reforms progress.This Wednesday, June…

SPECIAL EURO 2020 – Football: a right that is still offside? (Part 2) | 25/06/2021

IP-IT-Media

I/ Audiovisual rights for football games: the battle for broadcasting rights A few months ago, Mediapro, the main broadcaster of the French Championship through the Téléfoot channel, announced its intention…

SPECIAL EURO 2020 – Football: a right that is still offside? (Part 1) | 25/06/2021

IP-IT-Media

As you probably know, the Euro 2020 football tournament started on Friday 11 June with the opening match Turkey - Italy in Rome. Let's take advantage of this event to…

On June 21, 2021, Michel Ponsard spoke at the LIDC webinar on “Foreign Investment Rules: what has changed?“ | 21/06/2021

News & Insights

Michel Ponsard, partner at UGGC Avocats specializing in competition and distribution law spoke on June 21, 2021 from 12:00 to 1:00 p.m. in a webinar organized by the International League…

Public auction: the auctioneer cannot act in payment of the auction price | 21/06/2021

Art Market

In a recent dispute between an auctioneer and a gallery owner, the Paris Court of Appeal has clarified the scope of the auctioneer's mandate when organizing a public auction. This…

New premises for a simplified European company | 21/06/2021

Private Equity Mergers & Acquisition

After the publication, by the Henri Capitant Association, of a preliminary draft relating to the simplified European company (SES) within the framework of the creation of a European Business Code,…

Bioethics bill and MAP: towards a conclusion in the National Assembly | 18/06/2021

IP-IT-Media

The National Assembly adopted the Bioethics bill for the third time on the night of Wednesday 9 to Thursday 10 June, by a vote of 84 votes for, 43 against…

Marketplaces: new European anti-counterfeiting measures | 18/06/2021

IP-IT-Media

On December 15, the European Commission unveiled the new draft "Digital Services Act" (hereafter DSA) regulation aimed at regulating the digital market. The text aims to create a strong framework…

New developments in Merger law – The regulation of new merger | 16/06/2021

Antitrust, Distribution and Consumption

The modernization of merger control continues in 2021, both at the national and European levels. An overall review had already been initiated last summer by the French Competition Authority with…

Report of the European Commission on its evaluation of the automotive block exemption regulation | 15/06/2021

Antitrust, Distribution and Consumption

June 2021 – The European Commission publishes its report and working document on its evaluation of the automotive block exemption regulation. The European Commission has just published its report and working…

Belgian tax authorities and double taxation of French dividends: granting a tax credit under certain conditions | 15/06/2021

Tax Law

Double taxation of French dividends – new circular of 28 May 2021 – The Belgian tax administration finally allows the granting of a tax credit but only if the dividends…

Apple in the European Commission’s sights | 15/06/2021

Antitrust, Distribution and Consumption

The Commission sent a statement of objections to Apple on April 30, 2021 regarding rules for the distribution of music streaming apps on the Apple Store. [1] The Commission considers that…

Publication of the order transposing the “ECN+” directive | 15/06/2021

Antitrust, Distribution and Consumption

The Law containing various provisions adapting to European Union law in economic and financial[1] matters (“DDADUE“) authorized the Government to transpose by ordinance the provisions, not yet included in French law,…

The impact of competition law on the legality of pricing practices within distribution networks | 15/06/2021

Antitrust, Distribution and Consumption

The positioning of resale prices of products in distribution networks is a major concern for suppliers. However, their intervention with distributors remains strictly regulated. Indeed, although the supplier can advise…

Abrupt termination of a commercial relationship: change of co-contractor is not considered as a substantial modification | 14/06/2021

Antitrust, Distribution and Consumption

“The rupture is only attributable to the author of a modification of the business relationship, refused by the other party, if this modification is substantial“. This is the principle that…

UGGC Avocats strengthens its Public Law department with the arrival of Mathieu Da Silva as associate! | 14/06/2021

News & Insights

Paris, May 3, 2021 - UGGC, an independent French law firm specializing in business law, has strengthened its Public Law department with the arrival of Mathieu Da Silva as associate.…

UGGC Avocats strengthens its Mergers & Acquisitions department with the arrival of Carole Fouldrin as associate! | 14/06/2021

News & Insights

Paris, May 3, 2021 - UGGC Avocats, an independent French law firm specializing in business law, has strengthened its Mergers & Acquisitions department with the arrival of Carole Fouldrin as…

Louboutin v. Amazon: holding marketplaces liable when they sell and advertise counterfeit products? | 14/06/2021

IP-IT-Media

If the Court of Justice of the European Union (CJEU) had not in 2017 held marketplaces liable for storing and selling counterfeit[1] products, the case brought before the CJEU on…

Private copy: back to the future for refurbished smartphones and tablets? | 09/06/2021

IP-IT-Media

"Let's not pit the 200,000 beneficiaries of private copy levies against buyers of refurbished products," [1] say the 1661 artists, authors, filmmakers and illustrators who signed the Journal du Dimanche's…

The CNIL gives notice to several organizations to comply with the legislation on cookies | 07/06/2021

IP-IT-Media

The deadline for bringing websites and mobile applications into compliance with the rules on trackers ended on March 31, 2021! Repealing the first recommendation on cookies & digital tracers of…

Join UGGC Avocats on June 22, 2021 for a webinar on “What’s new in competition and distribution law?” | 01/06/2021

News & Insights

Michel Ponsard, Malka Marcinkowski, Nizar Lajnef, Elodie Camous-Leonard and Ophélie Sommé members of the Competition & Distribution Department of UGGC Avocats Paris will host a webinar on June 22, 2021…

The simplified judicial procedure for the health crisis management: a new temporary tool for dealing with distressed businesses | 01/06/2021

Restructuring

Last 31 May, the law n°2021-689 on the health crisis exit management, which introduces in its article 13 a new judicial procedure for the treatment of distressed companies, was adopted.…

Interpol launches app to identify and report stolen art | 27/05/2021

IP-IT-Media

The ID-Art app, which launched May 6, allows users to track and identify stolen art through an image recognition system. According to Interpol, the user has the option of taking…

Publication of the ordinance transposing articles 17 to 23 of the copyright directive | 27/05/2021

IP-IT-Media

On Wednesday, May 12, 2021, the Minister of Culture presented the ordinance transposing articles 17 to 23 of the Copyright[1] Directive into French law. The ordinance, which amends the Intellectual…

Open-data of court decisions: no alternative, Doctrine.fr will wait | 25/05/2021

Public Law

About the EC decisions, May 5, 2021, M. B., req. nos. 434502 and 434503. The open data of court decisions (or how to hurry with slowness) - Rendered in the…

Regulation of product placement on online platforms | 21/05/2021

IP-IT-Media

In 2021, EU Member States will have to transpose the audiovisual commercial communication provisions including the product placement legal regime provided for in the amended Audiovisual and Media Services (AVMS)…

May 15, 2021 – Interview of Malka Marcinkowski by BFM Business during the program Check Up Santé on the topic “The removing of the advertising ban for doctors” | 21/05/2021

News & Insights

Malka Marcinkowski, partner at UGGC Avocats was interviewed on Saturday, May 15, 2021 by Fabien Guez, journalist from BFM Business during the Check Up Santé program on the topic: "The…

The editor of a website who slavishly copies a competitor’s product description is guilty of unfair competition and parasitism even if there is no turnover | 19/05/2021

IP-IT-Media

On March 17, the French Supreme Court had the opportunity to rule on unfair competition and parasitism, when the acts are carried out on an Internet site. "In order to…

Tintin: no infringement for parodic works inspired by Hergé | 19/05/2021

IP-IT-Media

The court of Rennes dismissed the Belgian company, exclusive owner of the exploitation rights of Hergé's work, which asked for the condemnation of a French artist for having reproduced and…

A new commission for the remuneration of journalists | 14/05/2021

IP-IT-Media

The decree of 29 April 2021 replaces the Commission of Journalists' Copyrights - “Commission des Droits d’Auteur des Journalistes” in French, abbreviated CADJ, founded in 2010, to institute a Common…

UGGC Shanghai – Newsletter April 2021: China reinforces protection of personal data collected by Apps and strengthens obligations of Network trading platform operators | 18/05/2021

News & Insights

On March 12, 2021, China issued the Provisions on the Scope of Necessary Personal Information for Common Used Mobile Internet Applications (the “Provisions”), according to which, mobile apps and mini…

Artificial intelligence: Twitter is to work on a more ethical and responsible technology | 11/05/2021

IP-IT-Media

On April 14, the Californian company presented the first results of its work, with the aim of implementing a more ethical algorithm on the platform, and giving more control to…

Charles-Emmanuel Prieur animated a training session on Wednesday, May 5, 2021 on the topic: “Raising funds for start-ups: beyond the trend, which legal operations? “ | 07/05/2021

News & Insights

Charles-Emmanuel Prieur, partner of UGGC Avocats in Paris animated a training session on Wednesday, May 5, 2021 on the topic: "Raising funds for start-ups: which legal operations? " He intervened…

UGGC’s Intellectual Property team involved in the IP DAY | 26/04/2021

IP-IT-Media

For the past twenty-one years, every April 26, World Intellectual Property Day has been held, organized by WIPO. This day is intended to raise awareness of the general public to…

UGGC strengthens its digital transformation by concluding a partnership with Bricks.ai ! | 21/04/2021

News & Insights

Paris, April 2021 - UGGC Law Firm continues its digital transformation through its new partnership with the Bricks.ai application. Founded in 2017 by Clément Lambert and Laert Bejtaj, the fintech…

The CNC temporarily allows films to be screened outside the movie theater | 19/04/2021

IP-IT-Media

On Thursday, April 1, 2021, the Board of Directors of the CNC voted to allow certain films to be shown without being released in cinemas. Unlike the measure taken a…

French media exploitation chronology: the timetable for the definition of new rules is not suspended | 19/04/2021

IP-IT-Media

On 21 December 2020, the French Council of State (Conseil d’Etat) imposed that “television channels and video-on-demand platforms define together a new media exploitation chronology for films released in theatres”,…

Advertising: the “Climate and Resilience” bill debated in public session at the National Assembly | 19/04/2021

Environment

The bill, introduced by the government in February, has been the subject of thousands of amendments. The special committee, after examination, has given its comments on which the discussions in…

Protected geographical indication: a reputation duly established before registration at the INPI has no effect on obtaining protection | 19/04/2021

IP-IT-Media

If the registrations of a protected geographical indication are not very frequent (4 in 2020 at the INPI of which 2 were approved), the Court of Appeal of Bordeaux had…

Taking a part of the money generated by the commercial exploitation of works in the public domain: a solution proposed to the National Assembly | 19/04/2021

IP-IT-Media

A bill establishing a common public domain in order to fight against the precariousness of arts and culture professionals was submitted on Tuesday, March 23, 2021 at the National Assembly.…

Petition for the reopening of art galleries: the Council of State is seized with a request for interim relief | 14/04/2021

IP-IT-Media

Following the new provisions of the decree n°2021-296 of 19 March 2021, the Professional Committee of the Art Galleries (CPGA) seized the French Council of State (Conseil d’Etat) on 25…

General Court of the European Union grants design protection to | 15/04/2021

IP-IT-Media

In a decision rendered on March 24, 2021, the European Genral Court (EGC) overturned a decision of the European Union Intellectual Property Office (EUIPO) that declared the design registration of…

Personal data: the French Competition Authority rejects requests for conservatory measures against Apple | 13/04/2021

IP-IT-Media

The French Competition Authority had been asked by several online advertising companies to prohibit a feature of the iOS 14 operating system that allows users to limit the collection of…

Fashion : is an employed stylist also the author of the creations? | 13/04/2021

IP-IT-Media

The recognition of the quality of author for a salaried stylist in a fashion house is not always obvious, especially when several people intervene on the drawing or the making…

The CSA delivered a favorable opinion on the Smad decree, with reservations | 13/04/2021

IP-IT-Media

On December 18, 2020, in accordance with the procedure provided under Article 9 of the Léotard Law, the Ministry of Culture submitted the répondSmad decree to the Conseil supérieur de…

EXCLUSIVE DISCUSSION: the Ministry of Culture’s project to control the sale of audiovisual catalogs | 05/05/2021

IP-IT-Media

Contexte has obtained and published the "draft bill" on the protection of public access to cultural works in the digital age. UGGC delivers its legal expert commentary in preview. Among…

Public consultation on the proposed decree on advertising on platforms | 06/04/2021

IP-IT-Media

The Directorate General for Media and Cultural Industries (hereinafter "DGMIC") has launched a public consultation on the decree taken in application of the new article 60 of the 1986[1] law…

The 25th European Intellectual Property Forum, organized by UNIFAB, reminds us of the need to make consumers aware of the challenges of the fight against counterfeiting | 06/04/2021

IP-IT-Media

UGGC Law Firm was honored to participate in the debate masterfully orchestrated by Unifab on the occasion of the 25th European Intellectual Property Forum. The forum, which took place on…

Conseil d’Etat, data, health: no suspension of the partnership between the Ministry of Health and Doctolib | 06/04/2021

IP-IT-Media

Associations and professional unions (hereinafter "the applicants") have asked the interim relief judge of the Conseil d'Etat (i.e the supreme administrative jurisdiction in France) to suspend the partnership between the…

Artificial intelligence : the European Parliament makes progress on its future legislation | 06/04/2021

IP-IT-Media

The project of report of the Culture Committee of the European Parliament on the role of AI in education, culture, and audiovisual was approved on Tuesday, March 16. The European…

The CJEU considers that framing can constitute a making available to a new public | 26/03/2021

IP-IT-Media

The German Federal Court of Justice has referred the issue of framing and Directive 2001/29 to the CJEU. On March 9, the CJEU issued an opinion explaining that framing constitutes…

E-Health: new “health data warehouse” guidelines coming soon | 23/03/2021

IP-IT-Media

The French National Commission for Information Technology and Civil Liberties (CNIL FRANCE) has launched a consultation on a project of reference for the creation of health data warehouses. This consultation…

Personal data: a decree authorizing the automatic detection of mask wearing in French public transport has been published | 05/05/2021

IP-IT-Media

Published in the French Official Journal on 11, March 2021, Decree No. 2021-269 authorizes for a year the use of intelligent video to measure mask-wearing rates on public transportation (hereinafter…

On March 17, 2021, Ali Bougrine and Fabien Gagnerot were speakers at the conference “Acquisitions and sale: how to master the negotiation of your asset and liability guarantees ?” | 23/03/2021

News & Insights

Ali Bougrine and Fabien Gagnerot were speakers on March 17, 2021 at the conference organized by LexisNexis, its partner Ikone Juris and UGGC Law Firm, on the topic « Acquisitions and…

Uberization: the Italian justice system sentences home delivery platforms | 19/03/2021

IP-IT-Media

After an investigation opened in 2019, the Milan Public Prosecutor's Office has sentenced the home delivery platforms Foodinho-Glovo, Uber Eats Italy, Just Eat Italy and Deliveroo Italy to a global…

Edouard Héliot will lead a training session at ENGIE on March 25 and 26, 2021 | 19/03/2021

News & Insights

Edouard Héliot will lead a training session at ENGIE on March 25 and 26, 2021 on the topic of "securing external growth operations". Edouard Héliot, partner at UGGC Law Firm,…

Music Streaming: a new system of remuneration for artists planned on Soundcloud | 18/03/2021

IP-IT-Media

The music streaming group SoundCloud, which is preferred by independent labels and artists, announced on Tuesday, March 2, 2021 that it will change the calculation of the remuneration of artists…

Non-profit organizations – towards increased control of the sponsorship system | 18/03/2021

Tax Law

The proposed law "Strengthening the respect of the principles of the Republic" adopted by the National Assembly on February 16, 2021 and sent to the Senate, whose purpose is to…

Chanel attacks companies that market jewelry created from assemblies of old buttons of the luxury brand | 17/03/2021

IP-IT-Media

While many jewelry and accessory designers offer costume pieces for sale using old buttons from different Haute Couture houses, Chanel has decided to sue one of these designers in the…

Sport : The European Court of Justice cancels a judgment of the Court of First Instance and considers ” illegal and incompatible aid ” from the Spanish State | 09/04/2021

Litigation & Arbitration

On March 4, 2021, the European Court of Justice cancelled a judgment of the Court of First Instance and considered "illegal and incompatible aid" from the Spanish State ; The…

Creation of the Cisa, an inter-union coordination for the audiovisual sector. | 16/03/2021

IP-IT-Media

Thecoming into effect of the new SMAD decree (for on-demand audiovisual media services) taken to transpose the European AVMS directive and repeal the 2010 SMAD decree, the renegotiation of the…

Parasitism: likehood of confusion between the magazines “Public” and “PoUblic” | 15/03/2021

IP-IT-Media

In July 2019, the media company CMI Publishing (hereinafter "CMI Publishing") which publishes the magazine "Public" found that the competing media company FT Magazine (hereinafter "FT Magazine") had published a…

Decision of the French Council of State on the VAT rate applicable to the services of commercial agents | 15/03/2021

Tax Law

The tax law team would like to bring to your attention a recent Decision of the Council of State dated December 11, 2020 (CE, 8e-3e ch., December 11, 2020, Association…

The real estate advertisements of the website leboncoin.fr are a protected data base | 12/03/2021

IP-IT-Media

In a decision dated February 2, 2021, the Paris Court of Appeals confirmed that the leboncoin.fr website qualified as a database of which LBC, the operator, is the producer. The…

European publishers and Microsoft call for the establishment of an arbitration committee on neighboring rights | 11/03/2021

IP-IT-Media

On February 22, 2021, European publishers and Microsoft agreed to issue a press release in which they committed to work together to find a solution to guarantee the remuneration of…

Leakage of health data: what impacts and what measures should be taken? | 10/03/2021

IP-IT-Media

Since February 14, 2021, a computer file containing the personal data of 500,000 patients has been circulating on the Internet from some thirty medical biology laboratories, most of them located…

Community Land Trust , SA of low-rent housing and public procurement: clarifications expected | 17/03/2021

Public Law

Reminder of the definition of the Community Land Trust : The "Organismes de Foncier Solidaire" (hereafter "OFS[1]") are non-profit organizations approved by the State representative in the region, which, for…

Copyright: Jeff Koons and the Pompidou Center convicted on appeal for counterfeiting a Naf-Naf advertisement | 09/03/2021

IP-IT-Media

On February 23, 2021, the Paris Court of Appeal upheld the conviction of Jeff Koons and his company and ruled that the sculpture "Fait d'hiver" was indeed a counterfeit of…

Twitter compelled to communicate the identifying data of an anonymous account that published a tweet containing personal information on a politician | 08/03/2021

IP-IT-Media

During the 2019 European elections, the former general secretary of the party “Debout la France” (in English “Wake up France”), notes that private exchanges with party executives and personal photographs…

The TikTok application targeted by a complaint from consumer associations | 05/03/2021

IP-IT-Media

The video-sharing application with 800 million active users has become the target of consumer associations. At stake are the rights and safety of its users, especially the youngest, often under…

UGGC strengthens its team specialized in health law with the appointment of Eloïse Blanc as an associate | 05/03/2021

News & Insights

Paris, January 4, 2021 – UGGC, an independent French law firm specialized in corporate law, strengthens its health law team! Admitted to the Paris Bar since 2021, Eloïse Blanc holds a…

UGGC Law Firm strengthens its IP-IT department with the appointment of Eva Baliner-Poggi as an associate | 05/03/2021

News & Insights

Paris, January 4, 2021 – UGGC, an independent French law firm specialized in corporate law, strengthens its IP-IT team! Admitted to the Paris Bar (2021), Eva Baliner-Poggi holds a Master II…

UGGC Law Firm strengthens its competition law department with the appointment of Ophélie Sommé as an associate | 05/03/2021

News & Insights

Paris, January 4, 2021– UGGC, an independent French law firm specialized in corporate law, strengthens its competition law team ! Admitted to the Paris Bar since 2021, Ophélie Sommé holds…

Cinema: towards a “process of fair negotiation ” with streaming platforms? | 04/03/2021

IP-IT-Media

As the Audiovisual Media Services (AVMS) and Copyright Directives are gradually being implemented in the Member States of the European Union, the Federation of European Film Directors (FERA) wishes to…

The proposal of the sport law will be discussed soon in the National Assembly | 04/03/2021

IP-IT-Media

Bill No. 3808 aimed at democratizing sport in France (hereinafter "the Bill"), which was initiated by the majority group of the Republic in March, will be examined on March 8,…

Google Ads: Google condemned for abuse of dominant position | 02/03/2021

IP-IT-Media

By repeatedly deleting advertisements purchased by an operator on its Google Ads site, the American company was guilty of anti-competitive practices. Such is the verdict of the Paris Court of…

Publication of a decree allowing tax authorities to use public information from users of online platforms to fight against fraud | 01/03/2021

IP-IT-Media

Published on February 13, 2021 in the Official Journal, Decree No. 2021-148 (hereinafter "the Decree") defines the terms and conditions under which the tax authorities may collect information from users…

Ali Bougrine and Fabien Gagnerot will be the speakers on March 17, 2021 of the conference “Acquisitions and transfers: getting the negotiation of your asset and liability guarantees under control ?” | 04/03/2021

News & Insights

Ali Bougrine and Fabien Gagnerot will be the speakers on March 17, 2021 from 9:30am onwards during the conference organized by LexisNexis and its partner Ikone Juris, on the theme…

Charles-Emmanuel Prieur and Marine Simonnot will be speakers on April 8, 2021 at the “Restructuring Techniques” conference organized by the EFE | 05/03/2021

News & Insights

Charles-Emmanuel Prieur and Marine Simonnot will be speakers on April 8, 2021 at the conference Restructuring techniques organized by the EFE - Edition Formation Entreprise, on the theme "In a…

Possible sale of M6: towards a consolidation of the French television sector? | 25/02/2021

IP-IT-Media

After Vivendi announced that it had signed a "promise to purchase" to acquire the entire press group Prisma Media (which controls the magazines Femme actuelle, Capital and Géo) at the…

Scriptwriters appeal to the Minister of Culture Roselyne Bachelot | 26/02/2021

IP-IT-Media

The "Paroles de scénaristes" collective is composed of authors for the small and big screen, and has been present since December 2020 on Facebook, where screenwriters are free to give…

The “Vendôme” trade mark is partially sold to LVMH | 24/02/2021

IP-IT-Media

In order to remedy to the unauthorized commercial use of municipalities’ names, which is often difficult to oppose despite the mechanism provided for article L. 711-4 h) of the French…

Personal data: EDPB recommendations in the context of the DMA and DSA | 23/02/2021

IP-IT-Media

On February 10, 2021, the EDPB, the European Data Protection Board, published recommendations relating to the protection of personal data in the context of the publication of the proposal for…

e-Privacy Regulation: Council of the European Union adopts new negotiating mandate | 22/02/2021

IP-IT-Media

These terms of reference, adopted on February 10, 2021, will serve as a basis for revising the rules on the protection of privacy and confidentiality in the use of electronic…

Climate justice: the French State recognized as responsible for failures in the fight against global warming | 19/02/2021

Environment

In March 2019, four NGO[1] s - united within the collective "L'Affaire du Siècle"[2] and supported by 2.3 million citizens - brought a case before the Paris Administrative Court (hereinafter…

The beneficiary of a security interest for a third party escapes from the bankrupcy proceeding of the settlor … For now | 03/03/2021

Restructuring

High Court, commercial chamber, 25 November 2020, n°19-11.525, FS-P; Cass. com. 17 June 2020, n°19-13.153, FS-P+B+R Security interest for others in common law Since a decision of the Mixed Chamber…

Commissioned photography: no counterfeiting when the prints come from precise instructions from the customer | 18/02/2021

IP-IT-Media

According to a decision of the Court of Appeal of Paris dated January 22nd, professional photographers cannot prohibit the reproduction of their photos, realised under precise instructions from the client,…

UGGC congratulates Line-Alexa Glotin, selected for the Global Elite Directory 2021 | 05/03/2021

News & Insights

UGGC Law Firm congratulates Line-Alexa Glotin, lawyer specializing in private clients, tax law and art market, who has been selected for the Global Elite Directory 2021. The Global Elite Directory…

Digital artwork: companies will not benefit from tax reductions on purchase | 17/02/2021

IP-IT-Media

Solicited by a parliamentary question, the Minister of Culture came, on January 12th, to freeze the fiscal nature of digital works of art. Noting that the art market "has adapted…

Media timeline: Government sets March 31, 2021 as the deadline for a new agreement | 16/02/2021

IP-IT-Media

As part of the transposition of the Audiovisual Media Services Directive, the government will adapt the media chronology currently in place to take into account the evolution of uses, in…

The derivative action is not on the plan performance supervisor jurisdiction | 24/02/2021

Restructuring

High Court, commercial chamber, November 12, 2020, n°19-11.972, FS-P+B The context While a company benefits from a safeguarding plan, the shareholders sue the company's directors for damages suffered by the…

The CNIL gives its opinion on the “global security” law proposal | 15/02/2021

IP-IT-Media

While the national commission for information technology and civil liberties concedes that certain provisions of the text constitute an improvement in the legal framework, it considers that others must be…

Trademark Package: Assessing the filing of non-traditional trademarks | 15/02/2021

IP-IT-Media

NON-TRADITIONAL TRADEMARKSAssessing the filing of non-traditional trademarks since the first anniversary of the “trademark package” implementation Despite trademark legislation in the EU no longer referring to the requirement of graphic…

UGGC Law Firm strengthens its competition law department with the appointment of Élodie Camous-Léonard as a senior associate from the French Competition Authority | 15/02/2021

News & Insights

Paris, January 4, 2021 – UGGC, an independent French law firm specialized in corporate law, strengthens the team of the competition law department with the appointment of Élodie Camous-Léonard as a…

Laurent Sablé, appointed French Foreign Trade Advisor (CCE) in Morocco | 16/02/2021

News & Insights

UGGC congratulates Laurent Sablé, partner specialized in Mergers & Acquisitions, who was appointed French Foreign Trade Advisor (CCE) in Morocco on February 5, 2021. The CCEs represent 4,500 international experts…

Architecture & design: architectural plans and drawings can be protected by copyright when they are drawn up by a project manager and not a DPLG architect, subject to originality | 12/02/2021

IP-IT-Media

In a recent decision of January 21, 2021, the Rennes Court of Appeals (France) ruled in a litigation opposing two project managers over the construction plans for a single-family home.…

Copyright: making a street-art work appear in a political video without authorization does not infringe on the artist’s rights | 11/02/2021

IP-IT-Media

The Judicial Court of Paris has recently returned to the so-called exception of freedom of panorama in a litigation opposing a political party to an artist. In the context of…

Fight against counterfeiting: intentional purchasing decreasing in France and Europe | 10/02/2021

IP-IT-Media

A new study by the European Union Intellectual Property Office (EUIPO) indicates a decrease of purchases of counterfeit products and access to illegal content. The survey, conducted on a panel…

Amazon and five publishing houses sued for agreement on e-book prices | 09/02/2021

IP-IT-Media

The class action was filed on January 14 on behalf of consumers in several states against the giant Amazon and targets five publishers as "co-conspirators". The case concerns commercial practices…

Blocking Eight Illegal IPTV Services | 08/02/2021

IP-IT-Media

At the initiative of the Association for the Fight against Audiovisual Piracy (hereinafter "Alpa"), and with the support of the CNC, rights holders and television channels obtained the blocking of…

Press related rights: new agreement signed by Google to remunerate the French press | 05/02/2021

IP-IT-Media

On April 9, 2020[1], the French Competition Authority (Autorité de la Concurrence) required Google to negotiate under its supervision with publishers and news agencies « a fair, reasonable and non-discriminatory compensation…

ECHR: when freedom of expression (still) faces censorship | 04/02/2021

IP-IT-Media

A court injunction forcing a media company to remove illegal recordings from its website does not infrige freedom of expression. In a January 14 ruling, the European Court of Human…

Michel Ponsard will moderate the next LIDC webinar on February 11, 2021. | 04/02/2021

News & Insights

Taking environmental objectives into account in competition law in the presence of Ekaterina Rousseva from the European Commission: Michel Ponsard will moderate the next webinar of the LIDC (the International…

Our dear friend Michel Goût passed away on 31 January 2021 | 04/02/2021

News & Insights

It is with the deepest sadness that we’ve learned that our friend Michel Goût passed away on 31 January 2021. He was one of the founders of UGGC Avocats and…

Report commits to a reform of the evidence of originality in literary and artistic property | 03/02/2021

IP-IT-Media

The report submitted on 15 December 15, 2020 to the Superior council for literary and artistic property (CSPLA) envisages a recasting of Article L. 112-2 of the French Intellectual Property…

The Court of Cassation rejects the appeal requesting the suspension of the broadcasting of the film “Grace to God” | 02/02/2021

IP-IT-Media

On January 6, 2021, the Court of Cassation confirmed the Paris Court of Appeals' ruling that freedom of expression prevailed over the presumption of innocence. The plaintiff, a former priest…

Thierry Dal Farra was auditioned on January 28, 2021 by the Information Mission of the Chairmen Conference of the National Assembly | 02/02/2021

News & Insights

Thierry Dal Farra was auditioned on January 28, 2021 by the Information Mission of theChairmen Conference of the French National Assembly on the topic "Building and promoting digital sovereignty" chaired…

The procedure governing the blocking of hate mirror sites discussed in the French National Assembly | 01/02/2021

IP-IT-Media

On Thursday, January 21, 2021, the chapter relating to cyber-hate in Bill No. 3649 Confirming Respect for the Principles of the Republic[1] (hereinafter "the Bill")" was examined by the Special…

Artistic creation: deadline for submitting an application for creative assistance | 29/01/2021

IP-IT-Media

Artist-authors may apply for creative assistance from the National Centre for the Plastic Arts (NCPA) until February 12, 2021. Since the beginning of the COVID 19 health crisis, artist-authors, regardless…

GREEN IT: Bill to reduce the environmental footprint of digital technology adopted in the Senate | 28/01/2021

Environment

After a year of parliamentary work, the Senate has adopted on January 12, in first reading, the bill aimed at reducing the environmental footprint of digital technology in France. Based…

“Wall of jerks”: the Court of Cassation confirms the condemnation of the ex-president of the Judges’ Union for public insult | 27/01/2021

IP-IT-Media

The Court of Cassation dismissed the three appeals filed by the ex-president of the Magistrates' Union after her condemnation, upheld on appeal, by the Paris Criminal Court. It is in…

Lack of notification of the claim to the project manager : a scope still uncertain on the admissibility of the claim | 26/01/2021

Public Law

The question of the scope of the formality imposed by section 50.1.1 of the Book of General Administrative Clauses applicable to Public Works Contracts (hereafter "the GCCC Works") is increasingly…

Showroomprivé.com advertisement pinned for violation of ARPP’s sustainable development recommendation | 27/01/2021

IP-IT-Media

The Ecological Transition Agency (hereinafter « ADEME" » and several individuals have filed a complaint in front of the Authority of professional regulation of advertising (hereinafter « ARPP ») against Showroomprivé.com for the broadcast…

Launch of the renegotiation of the French DTT decree (“Décret TNT”) | 25/01/2021

IP-IT-Media

While the French SMAD decree is also being revised and was recently sent to the European Commission as part of the notification process, Roselyne Bachelot announced that she would be…

UGGC, a leading business law firm, strengthens its activities in China with the appointment of Jenny Cao as a partner in the Shanghai office | 26/01/2021

News & Insights

With a strong historical international footprint, UGGC, a reference firm in business law, is strengthening its Shanghai office created in 2008. The firm is coopting Jenny Cao as a partner,…

A decree puts an end to the general and absolute advertising ban for doctors | 25/01/2021

IP-IT-Media

The ban on advertising by doctors was repealed by decree in order to comply with European law. The CJEU had indeed ruled in 2017[1] that such a ban was contrary…

Masterclass – From GDPR to the new world of 2021: revolutions are accelerating | 22/01/2021

News & Insights

The Laurence Simons Search Talking Head series continues with an interview with Anne-Marie Pecoraro, Partner at UGGC Avocats (and Founder of A Turquoise, a law firm which has just merged…

Publication of the decree extending the control of foreign investment in France | 22/01/2021

IP-IT-Media

Decree no. 2020-1729 of December 28, 2020 amends Decree no. 2020-892 of July 22, 2020[1] and extends the control of foreign investments in France by one year, i.e. until December…

Image exploitation of public and private property: principle of freedom, subject to certain reservations | 22/01/2021

IP-IT-Media

The Firm is returning to the exploitation, particularly commercial, of the image of property belonging to the public and private domains. The Council of State and the Court of Cassation…

CJEU: prohibition of the reproduction of the shape or appearance of a product protected by a PDO if it misleads the consumer as to its origin | 21/01/2021

IP-IT-Media

At the European level, agricultural, forestry and seafood products can benefit from a sign identifying their quality and origin through Protected Designations of Origin (hereafter "PDO") or Protected Geographical Indications…

Council of State: the closure of cinemas, theaters and shows, an attack on freedom of expression? | 21/01/2021

IP-IT-Media

While the decline in activity in the audiovisual and film sectors due to the health crisis has been estimated at nearly 20% of revenues, or a loss of business of…

Marine Simonnot will speak on 25 January 2021 at the 16th Entretiens de la sauvegarde organised by the IFPPC | 20/01/2021

News & Insights

Marine Simonnot will speak on 25 January 2021 from 2 pm, at the 16th Entretiens de la sauvegarde, organised by the IFPPC in partnership with the CNB, the ENM, the…

Consequences of Brexit on your brands in the United Kingdom: vade-mecum | 21/01/2021

IP-IT-Media

Brexit was established on December 31 by the publication in the Official Journal of the European Union of the Trade and Cooperation Agreement between the European Union and the European…

Charles-Emmanuel Prieur will speak on February 4, 2021 at the Shareholder pacts conference organized by the EFE on the topic “Let’s strengthen the stability of your capital, master the different mechanisms”. | 15/01/2021

News & Insights

Charles-Emmanuel Prieur will speak on February 4, 2021, from 9:00 am to 10:30 am, at the conference Shareholder pacts organized by the EFE - Edition Formation Entreprise, on the topic…

UGGC Law Firm coopts Clémence Lemétais d’Ormesson as partner | 14/01/2021

News & Insights

• UGGC, a leading business law firm, announces the promotion of Clémence Lemétais d'Ormesson to partner in the « Litigation & Arbitration » department.• By co-opting, once again, a professional who has…

Décret SMAD : the CSA anticipates that the mecanism will be ready by 2021 | 05/01/2021

IP-IT-Media

The Decree n° 2010-1379 of November 12th, 2010, regarding on-demand audiovisual media services, so-called « SMAD Decree », which concerns each and every video-on-demand plateforms such as Netflix, Apple TV, Prime Video…

Publication of the draft Digital Markets Act: ensuring that “gatekeepers” platforms behave in “a fair way” | 05/01/2021

IP-IT-Media

On Tuesday December 15th, 2020, the European Commission published two draft regulations, one concerning digital services (known as the “Digital Services Act”) and the other digital markets (known as the…

Publication of the draft Digital Services Act: end of the « numerical far west »? [1] | 05/01/2021

IP-IT-Media

On Tuesday December 15th, 2020, the European Commission published two draft regulations, on concerning digital services (known as the “Digital Services Act”) and the other digital markets (known as the…

More than ever by your side, all of our teams wish you a year 2021 filled with new beginnings and shared experiences | 04/01/2021

News & Insights

Click on the image below to discover our wishes in video.

Ali Bougrine and Laurent Sablé will be speaking on December 14 and 17, 2020 at the Casa Business Law Forum that has been organized by LexisNexis and Ikone Juris | 15/12/2020

News & Insights

LexisNexis and Ikone Juris have organized a major event from December 14 to 17, 2020 for all economic and business law players in Morocco and Africa: the Casa Business Law…

Trademark law: counterfeiting. A look back at two trademark court decisions allowing site-blocking of massively infringing sites in France | 11/12/2020

Litigation & Arbitration

Over the past years, the evolution of online intellectual property infringement has led European and French legislators to successively set up legal mechanisms to face the economic and social challenges…

On December 2, 2020, Anne-Marie PECORARO contributed to the Music Networking Week organized by @Midem | 03/12/2020

News & Insights

Anne-Marie Pecoraro, partner in the intellectual property department of UGGC Avocats, took part, on Wednesday, December 2, 2020, in the Music Networking Week, organized online by @Midem. This event, which…

Thierry Montéran, appointed member of the National Council of Bars for a 3-year mandate | 02/12/2020

News & Insights

On 30 November 2020, Thierry Montéran, partner specialising in insolvency law and related litigation, was elected representative of lawyers to the National Council of Bars for the 2021-2023 mandate. He…

November 19, 2020: conference on “business transfer appointments” organized by Transfair | 17/11/2020

News & Insights

19 November 2020, Marine Simonnot will be speaking alongside Philippe André, accountant and auditor, Sacor Group, at the conference on business transfers organized by Transfair, on the theme "Taking over…

AIJA Insolvency Commission report: Emergency measures in response to the COVID-19 crisis | 12/11/2020

Restructuring

The COVID-19 pandemic has plunged businesses around the world into financial difficulty and led to an unprecedented surge of emergency legislation in virtually all jurisdictions. In many jurisdictions, these measures…

Insolvency measures and Covid-19: the International Association of Young Lawyer organized a webinar during the Insolvency Commission Day | 12/11/2020

News & Insights

Marine Simonnot has co-moderated a panel dedicated to the different insolvency measures introduced by states in response to Covid-19 during the Insolvency Commission Day on 10th November 2020 organized by…

Karine Audouze will moderate the 2020 International Bar Association Annual Conference on the following topic: “Can expression of religious or personal beliefs in the workplace create inequality?” | 09/11/2020

News & Insights

Freedom of expression and religious liberty are considered as valuable principles and are in most jurisdictions seen as protected in the workplace, so that employees are to a certain extent…

Endorsement and Intellectual Property in Esports: view from France, the EU & the US | 05/11/2020

News & Insights

Paris, November 5, 2020 - While regulatory efforts are taking place, some issues such as intellectual property & personality rights, with direct consequences of the strong monetisation of image reproduction…

UGGC Avocats strengthens its IP-IT department with the integration of the teams of the ATurquoise law firm, founded by Anne-Marie Pecoraro | 31/08/2020

News & Insights

UGGC Avocats, a leading business law firm, further strengthens its positions in intellectual property, entertainment, and information technology law, with the arrival of Anne-Marie Pecoraro and her teams. She was…

Jean-Jacques Uettwiller 2020 #JJU2020 | 14/09/2018

Litigation & Arbitration

Chers amis, chers confères, Comme vous le savez, je suis candidat au bâtonnat de Paris : je vous donne rendez-vous lundi 17 septembre à 18h30 dans les locaux d’UGGC, au…

Macron Ordinances: the ultimate step of a social reform | 30/03/2018

Employment law

Eva Chekroun and Jennifer Carrel The French Constitutional Council has been seized in order to verify the compliance with the French Constitution of the Ratification Act of the “Macron” ordinances,…

Une nouvelle étape est franchie : la CJUE a jugé la taxe de 3% sur les dividendes incompatible avec la directive mère-fille (CJUE, 1e ch., 17 mai 2017, aff. C-365/16, AFEP) | 01/06/2017

Tax Law

Par Stéphanie Ernould La Cour de justice, saisie d’une question préjudicielle posée par le Conseil d’Etat, estime que l’assujettissement d’une société française à la contribution de 3% sur les dividendes…

La transaction en matière de sanctions pécuniaires : oui… mais avant la décision de condamnation | 22/05/2017

Restructuring

Par Marine Simonnot Cass. com. 8 mars 2017, n°15-16.005, P+B+R+I La faculté offerte aux parties de transiger dans le cadre d’une action en responsabilité pour insuffisance d’actif n’avait jamais véritablement…

L’autoportrait de Monet : erreur sur la substance vs. erreur sur l’objet de la transaction : suite et fin (Civ. 1e, 17 mars 2016, n°14-27.168) | 19/05/2017

Art Market

Par Laure Assumpçao Il aura fallu plus de vingt ans de bataille judiciaire, près de sept décisions de justice dont trois de la Cour suprême[1], pour mettre un terme définitif…

L’agrément exigé en cas d’apport à une société étrangère n’est pas conforme au droit de l’Union Européenne – CJUE, 1re ch., 8 mars 2017, aff. C-14/16, Euro Park Service | 05/04/2017

Tax Law

Par Stéphanie Ernould Suite au renvoi préjudiciel du Conseil d'État (CE, 9e et 10e ss-sect., 30 déc. 2015, n° 369311, Sté Euro Park Service), la CJUE a jugé que les…

UGGC Avocats reinforces its position as a leading French law firm and appoints Yves Mondellini as a partner | 29/03/2017

News & Insights

Click on this link to download the press release

Pre-trial discovery: French judges do not have to take into account the protection conferred to some correspondences under foreign laws (Civ. Cass., 1st, 3 November 2016, RG n°15-20495) | 30/01/2017

Litigation & Arbitration

Article 145 of the French Code of Civil Procedure gives litigants the possibility to request a judge to order - before any legal proceedings on the merits - investigations in…

Attribution d’actions gratuites : remise en cause partielle de la « réforme Macron » | 10/01/2017

Private Equity Mergers & Acquisition

Récemment, la loi du 6 août 2015 dite « loi Macron » avait réformé le régime des attributions gratuites d’actions afin de le rendre plus attractif (voir notre article). L’une…

Plafonnement des frais et commission des produits ISF-PME | 03/01/2017

Tax Law

Le décret n°2016-1794 du 21 décembre 2016 pris en application du deuxième alinéa du VII de l'article 885-0 V bis du code général des impôts visant à plafonner les frais…