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UGGC’s Intellectual Property team involved in the IP DAY

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…