FRANCE INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY RIGHTS | FRANCE INTELLECTUAL PROPERTY   Intellectual Property Rights, France Intellectual Property has a distinctive system of protection of Intellectual Property and Industrial property Rights which is applicable not only to artistic or creative rights but also to copyrights, designs, drawings, patents and trademarks.   The France Intellectual Property consists of a non – exhaustive list which may be of particular comparative interest to common lawyers. This point may never be considered in isolation and should not be relied upon first consulting a fully trained and qualified French attorney specializing in the specific field of Intellectual Property.   In France Intellectual Property the rights are protected according to the date of registration. The protection afforded to intellectual property rights is presented in the following three categories:   Recognition of Intellectual Property Rights outside of France . Recognition within the European Union by European Patents. Recognition and Protection under French Law.   The French Courts are frequently called upon to decide claims entered by holders of Intellectual Property Rights, sometimes from unexpected sources, and often hand down extremely constraining decisions from time to time accompanied by substantial damages.   In regard to French patents, actions are generally brought before the Tribunal de Grande Instance, however question of jurisdiction may arise concerning with foreign patents. For a new technical idea to be protected, protection and registration may require the holder to reveal the contents to third parties.   Under the French Intellectual Property, the French custom authorities may seize goods which appear to be in breach of Intellectual Property Rights, and Goods which are not licensed for a particular territory may currently be held to be counterfeit in spite of being manufactured by the holder of the intellectual property rights in question.   France has a reputation for allowing copyright protection for works of applied art. The Rouen Court of Appeal rendered a decision in relation to a copyright infringement case. The main issue was whether the design which had been protected by a US patent filed in the early 1960's could still be protected by copyright under French law. French law provides that a work of applied art can enjoy copyright protection as long as the work is original.   According to the classical concept of copyright under French law, a work is original if it is the unique expression of an individual. The French court decisions have tended to consider this concept either in a lenient way or in a strict way. The French courts are setting limits on copyright access for applied art. In this respect, aesthetic and ornamental considerations are a critical element in the test.

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