Monographies

Le « Nouveau droit des marques en France », sous la direction scientifique de Yann Basire et de Julien Canlorbe – Collection du CEIPI - Les actes de colloque, n°1 (2021)

Près de trente ans après l’adoption et l’entrée en vigueur de la loi du 4 janvier 1991, le droit français des marques fait à nouveau l’objet d’une grande réforme.

L’Ordonnance n° 2019/1169 du 13 novembre 2019 et son Décret d’application n° 2019/1316 du 9 décembre 2019 n’emportent pas, en effet, qu’un modeste toilettage ou un simple ajustement des dispositions du Code de la propriété intellectuelle. La transposition de la Directive (UE) 2015/2436 du 16 décembre 2015 que ces textes réalisent consacre une nouvelle étape de l’« européanisation » de cette matière et y scelle davantage encore la dépendance du droit national à l’égard du droit européen. En résultent des changements très concrets dans la pratique des entreprises et des praticiens (plus largement des « utilisateurs » comme il est désormais convenu d’appeler les déposants de marques). En résultent aussi des évolutions qui affectent plus profondément cette discipline en même temps qu’ils la renouvellent.

C’est ce « nouveau droit des marques » que le présent ouvrage – qui fait suite au colloque organisé en ligne par le CEIPI et la Commission ouverte Propriété intellectuelle du Barreau de Paris en avril 2020 – se propose d’appréhender. Il permet d’apporter un éclairage à la fois théorique et pratique sur les différents aspects de la réforme, à savoir la validité des marques, les signes de qualité, les atteintes au droit et la réforme des procédures.

Ont contribué à cet ouvrage : Géraldine Arbant, Yann Basire, Nicolas Binctin, Jean-Yves Cailliez, Julien Canlorbe, Thomas Courbe, Patrice de Candé, Valérie Dorey, Fabienne Fajgenbaum, Pascal Faure, Eleonore Gaspar, Bertrand Geoffray, Pierre Hoffman, Caroline Le Goffic, Laurence Lehmann, Jérôme Passa, Delphine Rullier.

Computer Implemented Inventions: Challenges, Current Practices and Perspectives,edited by Professor Christophe Geiger, Director General and Director of the Research Department of CEIPI, University of Strasbourg and Matthieu Dhenne, Lawyer at the Paris Bar and PhD in Law - CEIPI’s collection n°67 (2019)

At the heart of the knowledge economy, the protection of Computer Implemented Inventions is a fascinating yet complex topic in intellectual property law. The exclusion of computer programs from patentable subject-matter by the European Patent Convention renders an assessment of their patentability particularly problematic. Although, numerous decisions have been delivered on this topic by the Boards of Appeal of the European Patent Office, they are not always easy to comprehend; more so because they are sometimes contradictory to decisions delivered by national courts, thereby giving rise to legal uncertainty. In 2005 a proposed EU Directive which aimed at harmonizing national patent laws and practices of Member States was rejected by the European Parliament by an overwhelming majority, yet again demonstrating the sensitivity of this subject. While the demonstration of infringement and the co-existence of patent protection with protection granted to software under copyright law also raise questions, recent developments in US jurisprudence and the resolution of the AIPPI at the Sydney Congress has revived the debate surrounding this topic.

This book amalgamates contributions made at a symposium organized by AACEIPI and the CEIPI on 24 November 2017 (held at the Grand Chamber of the Court of Cassation) with many other fundamental studies on this topic, with the objective of offering a comprehensive understanding on this issue which is critical for both present and future patent law practice.

The book includes the contributions of Nicolas Binctin, Christophe Caron, Sylvain Chatry, Matthieu Dhenne, Christophe Geiger, Alain Girardet, Stuart J.H Graham, Charles de Haas, Benjamin Jean, Martin Köhler, Franck Macrez, Catalina Martinez, Frédéric Pollaud-Dulian, Emmanuel Py, Julien Richaud, Stefan V. Steinbrener, Bertrand Warusfel.

The protection of Trade Secrets, National and European Perspectives”, co-directed by Professors Jean Lapousterle and Bertrand Warusfel - CEIPI’s collection n°66 (2017)

The protection of trade secrets is of great interest to French and European companies and has close ties with the intellectual property law. The secret can thus represent an alternative to the protection conferred by the patent law when the strategic choice not to disclose the invention is made. In addition, it offers de facto protection to the elements that do not meet the conditions laid down in the Intellectual Property Code for the grant of exclusive rights.

Is it appropriate to strengthen the position of the trade secrets holders by sanctioning attempts to misappropriate or to outmaneuver them? The European Union thought so by recently adopting the Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets).

More than a year after the adoption of this text, the lengthy mechanics of the preparatory work seems to be initiated in order to transpose it in the different Member States. The movement will not elude France and we can expect to witness a resurgence of the disagreements and debates that consistently accompany the legislative work relating to this particular category of secrets. Numerous questions are raised and challenge business lawyers, barristers, journalists, whistleblowers and employees inclined to share the know-how acquired in previous positions with their new employers.

What is the legal nature of these trade secrets? How to define them? How to reconcile them with their potential impact on the holders of fundamental rights? What is the significance of the directive and how does it intend to preserve the confidentiality of secrets in the course of a trial? What are the omissions of the harmonization and are they likely to manifest themselves during the transposition?

These are some of the questions that this book addresses, its ambition being to contribute to the debate on the contours of a balanced protection of trade secrets.

The book includes the contributions of Adrien Basdevant, Nicolas Binctin, Christophe-André Frassa, Jean-Marie Garinot, Florence G’Sell, Jean Lapousterle, Constance Le Grip, Alain Michelet, Arnaud Martinon, Jean-Pierre Mignard, Jean Passa, Joëlle Simon, Bertrand Warusfel, Régis Vabres.

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Trade-Related International Intellectual Property Law: the Trips Agreement, Assessment and Perspectives”, edited by Christophe Geiger –CEIPI’s collection n°65 (2017)

Concluded in 1994 as an outcome of the Uruguay round of multilateral trade negotiations, the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) has now entered into its third decade. As a central instrument in international IP law, it has brought a significant level of convergence among legislations as well as a new understanding of intellectual property rights protection, and thus has had a major influence on the development of this area of law. However, since it came into force, the Agreement has given rise to controversies and divergent interpretations, reaching well beyond specialised IP circles. In this collective publication, the CEIPI Research Department wishes to offer a cross-sectional analysis of the Agreement, its background, implementations, interpretations given by the WTO dispute settlement body, and various doctrinal perspectives. Thus, the preamble of the agreement and its general provisions, the sections concerning intellectual property law as well as the section on the implementation of rights are examined on various levels in light of the new challenges and perspectives, thereby touching on current issues in IP law. 

Contributors to the book include: Paulin Edou-Edou, Christophe Geiger, Daniel Gervais, Carlos M. Correa, Luc Desaunettes, Séverine Dusollier, Yann Basire,  Norbert Olszak, Natalia Kapyrina, Michel Vivant, Théo Hassler, Jacques De Werra, Joanna Schmidt-Szalewski, Caroline Rodà, Xavier Seuba.

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The Intellectual property system in a time of change: European and International perspectives, edited by Christophe Geiger - CEIPI's Collection n°64 (2016)

Over the past decades the intellectual property system has witnessed significant changes due to new patterns of innovation and novel forms of creation. The challenges posed by the spread of new means of communication, the growth of international trade, the rise of development agendas related to global environmental, cultural and health concerns, have deeply influenced various areas where intellectual property matters. In order to adapt the intellectual property regime to this new context, important initiatives are underway at the European and international level, calling for collective reflection and debate.

This book presents reflections of high-ranking intellectual property officials and representatives of public institutions, renowned scholars in law and in economics, professionals and representatives of intellectual property rights intensive industries on the ways for future development of the European and international intellectual property systems in a globalized world. This volume of the books series results from the international conference celebrating the 50^th anniversary of the Centre for International Intellectual Property Studies (CEIPI), organized in Strasbourg on the 27 and 28 November 2014 at the Council of Europe.

Contributors to the book include: Geoffrey Bailleux, Lionel Bently, Dan Burk, António Campinos, Trevor Cook, Jérôme Debrulle, Graeme Dinwoodie, Josef Drexl, Christoph Ernst, Christophe Geiger, Francis Gurry, Raimund Lutz, Elise Petit, Bruno van Pottelsberghe, Julia Reda, Pedro Roffe, Elke Van Rysselberge, Jens Schovsbo, Thierry Sueur, Antonius Tangena, Antony Taubman, Pierre Véron, Michel Vivant, Lanfen Wu, Conghui Yin, Xiang Yu.

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The functions of a trademark, essay on the coherence of the legal regime governing a distinctive sign, Yann Basire - CEIPI's Collection n°63 (2014)

Through the Court of Justice’s interpretation of the Trademarks Directive the function of the trademark has become a crucial subject of trademark law. The essential function of a trademark, which is to guarantee the identity of the origin of goods, is henceforth almost systematically appraised by Community and national judges at all stages of the life of a trademark. In 2009, the Court of Justice “discovered” four new functions: advertisement, investment, quality and communication. This progress has blurred the limits and boundaries of trademark law. The trademark, a business’s intangible asset, whose initial function is to make it possible to identify products or services, takes on loosely-defined functions, that are legally questionable, and commercial or consumerist. It is quite legitimate to question the role of the trademark today. Is it still the object of an intellectual property right that benefits its holder, or has it become a “complex” sign with multiple boundaries serving the consumer. This is the question that the present study intends to answer. The aim is to demonstrate the coherence of the legal regime of the most valuable and the most fascinating of distinctive signs.

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The right to one’s image, between personnality and intellectual property right, Théo Hassler - CEIPI's Collection n°62 (2013)

The French “droit à l’image” (right to one’s image) is no longer only a personality right. The commoditisation of images of people has led jurisprudence to adapt to this evolution: the use of an image as a resource implies that it has become an asset which could lead to a new sui generis intellectual property right. This development is the object of academic discussions; the consequences of the various possible classifications are, however, not only theoretical disputes since they have practical implications on the legal regime of image contracts. The objective of this work is to provide students as well as legal practitioners with an up to date study of positive law as well as to give an overview of a field that is rich in case law and that in France lacks recent monographs. This study is all the more necessary since French jurisprudence has considerably evolved under the influence of judgements rendered by the European Court of Human Rights concerning freedom of expression.

Intellectual Property Law in a Globalized World - In honor of professor Schmidt-Szalewski - CEIPI's Collection n°61 (2013)

Professor Joanna Schmidt-Szalewski dedicated her brilliant academic career to contract law, intellectual property law and to competition law. In 2009 after having been director of the Research Section of the Center for International Intellectual Property Studies (CEIPI), she was awarded the honorary title of Emeritus Professor of the University of Strasbourg. Professor Joanna Schmidt-Szalewski strove to direct her research and teaching toward international law, European Union law and comparative law in her areas of expertise. It is because of her interest in these fields that throughout her career she was invited to the most prestigious universities and research institutes of the world. Her colleagues and friends wished to pay tribute to her with this collective work that brings together contributions on intellectual property law. It is a field that, as she taught, reaches beyond national borders and must be thought of within a European and international framework.

The contribution of case-law to the construction of the intellectual property in Europe, CEIPI's Research department, edited by Christophe Geiger - CEIPI's Collection n°60 (2013)

The elaboration of European Intellectual Property Law is a work in progress. The Courts of the European Union, as well as the Boards of Appeal of the various European and Community Offices, are increasingly being asked to interpret different concepts of European law. Thereby, they contribute substantially to defining the contours of this emerging legal framework and are thus an important channel for harmonization. However, the guidelines provided by judges are not always clear, making it sometimes difficult to understand the exact scope of European Intellectual Property Legislation.

The aim of this collective work is to attempt an analysis of such case-law and to highlight its contribution to the European construction of copyright law, design law, trademark law (especially with regard to keywords advertising), patent law (in particular concerning the notion of patentable invention), plant varieties protection, geographical indications, and enforcement of intellectual property rights. The increased use of competition law and of fundamental rights in EU case-law in the field of intellectual property will also be addressed.

What Patent law for the European Union?, proceedings of the conference organized by the CEIPI at the European Parliament, April 26 and 27, 2012, edited by Christophe Geiger - CEIPI's Collection n°59 (2013)

The European Patent System stands at crossroads. Although an agreement on a European Union patent was expected, the creation of such an instrument ran up against several difficulties. As a consequence, the implementation of a European patent with “unitary effect” through the mechanism of enhanced co-operation was decided. At the same time, the Court of Justice of the European Union (the CJEU) issued a negative opinion on the legislative proposals to create a European Patent Court which, in turn, led to the adoption of a revised text that sparked major debates. The need to reflect on the future of the patent system in the European Union is felt as never before.

In this context, the Centre for International Intellectual Property Studies (CEIPI) brought together renowned academics, eminent professionals, judges, and institutional representatives active in the field of intellectual property for a conference on the topic “What Patent Law for the European Union?” held on 26 and 27 April 2012 at the European Parliament in Strasbourg.

This book presents the results of this important event and proposes areas for further consideration with a view to the development of an effective and balanced legal and judicial framework for patents within the European Union.

This book is up to date with the Regulation (EU) N° 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary patent protection and the Council Regulation (EU) N° 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of creation of unitary patent protection with regard to the applicable translation arrangements.

Civil Consequences of Infringement of Industrial Property Rights, Caroline Rodà - CEIPI's Collection n°58 (2012)

This book is the updated version of a doctorate thesis defended by Caroline Rodà at the University of Strasbourg under the supervision of Joanna Schmidt-Szalewski.

This study attempts to determine, on the one hand, whether Directive 2004/48/EC is likely to strengthen the respect for industrial property rights and, on the other hand, whether the initiative of the European authorities led to the harmonization of French, Belgian, Luxembourg, German and English law regarding the civil consequences of infringement of industrial property rights.

Computer creation : disruption of the intellectual property rights ? Essay on the coherence of rights, Franck Macrez - CEIPI's Collection n°57 (2011)

This book is the updated version of a doctorate thesis defended by Franck Macrez at the University of Montpellier under the supervision of Michel Vivant.

The influence of information technology on intellectual property law is undeniable. The breadth of its impact requires a global assessment, both from the point of view of the rights and the relevant creations. Copyright law, patent law and trademark law are concerned by the emergence of creations such as software, multimedia works or domain names.

It is important to assess the impact of these creations on the legal system and to determine whether this evolution has caused a disruption of intellectual property rights. Based on a critical approach, this implies an analysis of the extension of intellectual property protection, while evaluating its concrete consequences.

This phenomenon leads to a risk of overlap between different rights. The way they interact must be examined. The methodology underlying the concept of a legal system enables a general assessment of the evolution of the legal order, and the necessary coherence of the law constitutes a framework that shapes the transformations.

Challenges of trademark law in the 21^st century, proceedings of the conference held in honour of Professor Yves Reboul, edited by Christophe Geiger, Associate Professor and General Director of CEIPI and Joanna Schmidt-Szalewski Professor emeritus at the University of Strasbourg and former head of the CEIPI Research Laboratory - CEIPI's Collection n°56 (2010)

Trademark law, like the rest of intellectual property law, is experiencing an unprecedented transformation at the begining of the 21st century. It faces new challenges that this collective work edited by Christophe Geiger, Associate Professor and General Director of CEIPI and Joanna Schmidt-Szalewski Professor emeritus at the University of Strasbourg and former head of the CEIPI Research Laboratory, proposes to study.

Copyright and property law, Christel Simler - CEIPI's Collection n°55 (2010)

This thesis was defended in 2008 under the supervision of Yves Reboul, Professor at the University of Strasbourg and Honorary General Director of CEIPI and Christophe Caron Professor at the  University of Paris XII.