Association Internationale pour la Protection de la Propriété Intellectuelle

Focus droit / Focus on law

31/05/2012 Toulouse Court of Appeal 2nd Court Section 2 31 May 2011

Trade Marks and Unfair Competition

On 25 August 1998, the company BIL TOKI applied for a semi-figurative trade mark consisting of the number 29, marketing various textile products both under this figurative trade mark 29 and under other numbers designating regional departments in France, mainly over the Internet. CA Toulouse 31 mai 2011    

21/10/2011 SA Hutchinson and SNC Paulstra v. SAS Paul Robert Industries

Patents, Know-How and Unfair Competition

The company Hutchinson is the proprietor of European patent EP 0 691 481 concerning improvements to connecting rods connecting certain elements of vehicles. Hutchinson assigned to the company Paulstra, under a lease management contract, business assets including the French part of this European patent. …

05/10/2011 Waters Corporation and SAS Waters v. Hewlett-Packard GmbH and Agilent GmbH

Patents, Know-How and Unfair Competition

On 26 September 1987, the company Hewlett-Packard filed a European patent application (pumping apparatus for delivering liquid at high pressure) which was to be published under No. EP 0 309 596, the French part of which later being assigned to the company Agilent. Waters, CA Paris 5 Oct. 2011  

20/09/2011 Order of the Commercial Court of the Supreme Court of Appeal of 20 september 2011

General Issues

The company NEGERCO is the proprietor of European patents Nos. EP 0 398 791 and EP 0 476 788 and granted a licence for them to the company NEGERCO France. In 1997, the two companies (referred to hereinbelow as the NEGERCO companies) sued the companies MAVIL and MAVIFLEX for infringement. Cass. Com . 20 sept. 2011

12/07/2011 Decision of the Supreme Court of Appeal 1st Civil Court 12 July 2011

Trade Marks and Unfair Competition

The photographer Alberto Korda, who took the famous picture of CHE GUEVARA wearing his beret with a star on the front, assigned the rights to it, under a 10-year contract, to Mr Patrick Magaud, who himself granted a licence to the company Legendre.   Cass 12 juillet 2011      

24/06/2011 Paris Court of Appeal, Division 5, Chamber 2: SA R & D LOISIRS / Spanish company CUBIERTAS ABRISOL and SA BESSINGLER

Designs, Copyright and Unfair Competition

R & D LOISIRS manufactures and markets swimming pool covers. It registered a Community design for a swimming pool cover (in respect of which it assigned the ownership to the company BESSINGLER, but still carries out the marketing).   CA Paris 24 juin 2011  

08/06/2011 Paris Court of Appeal, Division 5, Chamber 1: 8 June 2011: SAS CRYSTAL DENIM and Maurice OHAYON / BA & SH

Designs, Copyright and Unfair Competition

Mr Maurice OHAYON is the owner of a French design registered on 2 April 2003 relating to the particular feature of a clothing pocket which he describes as follows: “Clothing pocket label, one of the ends of which is folded over the edge of the pocket in order to be sewn on the inside thereof, and the other end of which goes…

20/05/2011 Paris Court of Appeal, Division 5, Chamber 2: 20 May 2011: MAT & JEWSKI and Hervé MATEJEWSKI / FREMANTLEMEDIA SAS and M6 WEB SAS

Designs, Copyright and Unfair Competition

Hervé MATEJEWSKI is the creator of a lamp which he markets through the company MAT & JEWSKI. This lamp is characterized by the combination of the following features: Vertical tube which is long (approximately 170 cm) and thin (approximately 10 cm in width) In polished and brushed aluminium Comprising …

17/03/2010 Document Security System Inc. and Trébuchet Capital Partners v. European Central Bank

Patents, Know-How and Unfair Competition

The company Document Security System (DSS) is the proprietor of European patent EP 0 455 750 relating to a ‘Method for making a nonreplicable document'. The EPO initially refused the patent application but then finally granted it on appeal by DSS after the latter had amended the original main claim by adding two new characteristics…


copyright tous droits réservés AIPPI ©2009-18