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France: ex parte injunctions and SPCs

Bird & Bird
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France
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February 25 2013

Ex parte injunctions are extremely rare in patent infringement cases in France. The Paris Court of Appeal rendered an interesting ruling in that

NCAs may take action against anti-competitive agreements which do not meet the thresholds in the Commission’s de minimis notice

Bird & Bird
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European Union, France
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February 6 2013

On 13 December 2012, the CJEU gave an interesting ruling on the powers of national competition authorities (NCAs) to fine parties for an

Nutritional claims and new beer tax in France

Bird & Bird
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France
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January 10 2013

A consumer association (CLV) has obtained after two years of litigation the condemnation of a large dairy manufacturer (Candia) for misleading

Indirect advertising for alcoholic beverages

Bird & Bird
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France
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January 10 2013

Under the French "loi Evin" and more specifically Article L.3323-3 of the French Public Health Code, indirect advertising for alcoholic beverages is

Courts provide clarification on paid holiday

Bird & Bird
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European Union, France
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July 18 2012

Recent judgments passed down by the European Court of Justice and the Supreme Court could have a significant impact on French employment laws, specifically on the accrual of paid holiday, the effect of sick leave on holiday entitlement and the obligation to ensure that employees are able to take paid holiday

Isolated fact may be sexual harassment even if it takes place outside the workplace

Bird & Bird
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France
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May 16 2012

A manager (the director of a bank) had set up a professional meeting with one of his female employees outside regular work hours in a hotel room

Sex, lies and employees: pornography in the workplace

Bird & Bird
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France
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December 7 2011

Under French law, employers must tolerate employees' reasonable personal use of IT systems

Toward the adoption of initial interest confusion

Bird & Bird
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France
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June 27 2011

Under the doctrine of initial interest confusion in US trade mark law, there may be a finding of infringement where, as a result of the use by an advertiser of a third party’s trade mark, a consumer, who was initially interested in the advertisement in which said trade mark was used, later discovers, before making the purchase of goods or services, that such products or services in fact do not originate from the owner of the trade mark but from a competitor

Disciplinary action is limited by the terms of internal regulations

Bird & Bird
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France
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June 3 2011

In a recent case (Cass Soc 26102010, n 09-42.740) the Cour de Cassation held that a company can apply only disciplinary measures that are expressly provided for in its internal regulations

Decompilation infringement exception applied against Nintendo in dispute over DS linker modchips

Bird & Bird
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France
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November 2 2010

Applying a decompilation exception to copyright infringement derived from the EU Software Directive, a French criminal court has ruled in a preliminary hearing that 'Linker' cards do not infringe Nintendo's copyright

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