Conditions of protection for a PDO: clarification from the CJEU

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Conditions of protection for a PDO: clarification from the CJEU The CJEU (Court of Justice of the European Union) issued an important decision on the conditions for protection of a PDO (protected designation of origin) on September 9, 2021. The Spanish Supreme Court had referred 4 questions to the CJEU for a preliminary ruling on the Champagne PDO in 2016. This ruling recognizes the possibility of an infringement by evocation caused by signs used on non-comparable products. The CJEU answers in three steps. Conditions of protection of a PDO for services related to the distribution of the product The scope […]


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Defense of appellation champagne in Russia

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The defense of the Champagne appellation in Russia A new Russian law forces French exporters to sell their products under the Cyrillic inscription “sparkling wine”. For more than 20 years now, France has been fighting for the defense of the Champagne appellation in countries that still refuse to recognize it: Russia, the United States, Haiti. © Sergey Novikov – stock.adobe.com Summer 2021, Russia has implemented a wine law that results in prohibiting French exporters benefiting from the appellation champagne to distribute their drink with the inscription “Champagne” translated into Cyrillic. This law of July 2, 2021 obliges them to sell […]


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One trademark, one use, several classes of products?

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One trademark, one use, several classes of products? The Nice Classification is used to organize the filing of a trademark for various goods and services. As a matter of principle, a single product is assigned to a single class. As an exception, only some products can belong to several classes. All the subtlety and complexity of trademark law in a recent decision of the European Union Court, relating to MONSTER energy drinks. The principle of the unique imputation of a trademark The MONSTER trademark has been registered for many years to protect, among other things, “coffee-based drinks” in class 30 […]


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Protection of “Gruyère” PDO and PGI by trademark law in the United States

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Protection of PDO Gruyère and PGI by trademark law in the United States The protection of protected designation of origine (PDO is often a source of complexity at the international level. The example of Gruyère cheese illustrates these difficulties perfectly. The French (defending the PGI Gruyère) and Swiss (defending the PDO Gruyère) unions are confronted with American protectionism. The intertwining of trademark law and the protection of PDOs and PGIs is once again highlighted. The protection of gruyere in the U.S. In 2015, the French and Swiss unions decided to register the Gruyere brand in the United States. Trademark law was […]


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Ranking of the best law firms in France

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The Leaders League / Décideurs rating agency establishes the ranking of the best experts in 50 countries. For 20 years, this site has distinguished the best intellectual property law firms in France. In 2021, De Baecque Bellec is one of the best law firms in art law and trademark law. Olivier de Baecque is distinguished by the excellence of his practice in art law. Successions of artists, sales of works of art, negotiations with art galleries, complex and international litigation make up the daily life of DE BAECQUE BELLEC. Olivier de Baecque and Stéphane Bellec, are also highly recommended for […]


Recent Decisions and Developments in FRENCH ART LAW (Part 1)

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The following contains a selection of recent judicial decisions regarding the consignment of art works which are of practical importance to participants in the French art market. It should be noted that, under Civil law, the consignment of a work is precisely regulated by the Civil Code as a “Contrat de dépôt”. In that context, we note a series of decisions resolving conflicts of ownership and compensation between artists and galleries entrusted to display and sell the works of art. 1. Who is the rightful owner of artworks consigned by an artist to a gallery? (Court of Cassation, 22 March […]


Recent Decisions and Developments in FRENCH ART LAW (Part 2)

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French courts have become more restrictive on granting copyright protection. This is the case for photographs of works of arts and zinc plates used to produce lithographs. As a consequence, these works can be freely used or sold on the art market. 1. Lack of protection for photographs that are faithful reproductions of sculptures (Court of Appeal of Paris, 16 January 2013) Facts: A sculptor commissioned photographs of his works for a catalogue/monograph about his works. Subsequently, without obtaining a specific permission/or copyright grant from the photographer, the sculptor used these photographs for other purposes, specifically for exhibition catalogues and sale through […]


French Court orders block of 16 video streaming sites

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The Paris High Court has ordered Internet search engines including Google, Microsoft and Yahoo to remove links to 16 video streaming sites from their search results. The decision brings an end to a two-year court battle launched by the Association des Producteurs de Cinema, which represents 120 film production companies, the film distributor representative Federation Nationale des Distributeurs de Films and film publisher group the Syndicat de l’Edition Video Numerique. The groups demanded that search engines Google, Bing and Yahoo stop listing links to video streaming portals Allosteaming, Fifostream and dpstream, which provide free streams of new films and TV shows without […]


Law Firm Website – Legal Notices

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Law Firm Website – Legal Notices   Website publisher The DEBAECQUE-AVOCATS.COM website is published by the firm DE BAECQUE BELLEC, doing business as an association of attorneys and having its registered office at 3 rue du Louvre, 75001 Paris, tel. 01 53 29 90 00, fax 01 53 29 90 01, email: contact@debaecque-avocats.com (hereinafter, the “Publisher”). The website’s publication manager is Mr. Olivier de Baecque, Partner.   Design & Production Graphic design & models: Manon Dugravier – click here Development & referencing: Agency IMPAAKT – click here Copyrighter : Béatrice Michaux Site & Sens Photo credits Manon Dugravier – Law […]


France set to scrap Hadopi

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The French cultural and communications ministry was urged on Monday to scrap Hadopi, the government agency responsible for a three-strike anti-piracy system. Businessman Pierre Lescure, who has led a consultation on updating French cultural policy since last year, recommended transferring Hadopi’s powers to the Higher Audiovisual Council (CSA), France’s broadcasting regulator. The three-strike system should also be scaled down, Lescure said, including removing the penalty of terminating Internet connections and reducing the maximum fine of €1,500 ($1,930), to €60 ($77). Hadopi issues illegal downloaders with up to three warnings, at which point prosecutors can terminate their Internet for a month […]


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