K&L Gates ranked “Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

(more…)

France is widely known for its author-centric intellectual property right (IPR) framework: except for a limited number of very specific situations, all IPR must be expressly assigned and there is no “work for hire” doctrine.

This situation is changing, further to Decree n°2021-1658 dated 15 December 2021, replicating the regime applicable to inventions and software created by employees or public servants to those made by natural persons accommodated by private or public law entities carrying out research.

This decree amended the French Intellectual Property Code (FIPC), by creating two new articles: L.113-9-1 (with regard to software IPR) and L.611-7-1 (with regard to patent IPR) FIPC.

(more…)

K&L Gates ranked “Highly Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

K&L Gates ranked “Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

Practice head:

Claude-Étienne Armingaud

Key clients

  • Kookai
  • Hyundai Motor Company
  • Nouvel Héritage
  • Nous – Concept Store
  • POC
  • Ravel Technology
  • AR24
  • Cybergun
  • Canal+

Work highlights

  • Assisted POC Sports with identifying and destroying counterfeit products seized by Belgian customs and implementing a successful process of customs enforcement of trade marks and intellectual property rights.
  • Representing Nous Concept in the defence of its trade marks in the context of litigation and subsequent trade mark fillings.
  • Assisting Jessy Séminor, a French start-up specialising in interior design, with various aspects pertaining to the development of its activities and the protection of its intangible assets and goodwill.

Source: Legal 500 – EMEA

(more…)

K&L Gates LLP handles contentious and advisory matters for clients in a range of sectors, focusing particularly on telecoms and e-commerce. Claude-Etienne Armingaud led a team which defended Priska Pasquer, a German gallery which is internationally renowned for the distribution of photographic work, in an alleged fine art photograph infringement case.

Source: Legal 500 – EMEA

(more…)

K&L Gates ranked “Highly Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

K&L Gates ranked with Claude-Etienne Armingaud.

Source: Leaders League

Further to the adoption of the so-called Trademark Package at European level, comprised of Regulation no.2015/2424 (as codified by Regulation no.2017/1001 dated 14 June 2017) on EU Trademarks (the “Regulation”) and Directive no.2015/2436, harmonizing Member States’ trademark regime (the “Directive”), both dated 16 December 2015, France was due to update its internal regulatory framework.

The PACTE Act no. 2019-486, adopted on 22 May 2019, implemented the Trademark Package at long last. While the Regulation addressed EU aspects and is of direct enforcement within Member States, the Directive provided Member States with some leverage on the internal implementation.

These new aspects aim at simplifying the enforcement of intellectual property rights (“IPR”), for both trademarks and the patents, by creating administrative procedures, rather than having to introduce a judicial action before the courts.

(more…)

The European Union Court of Justice confirmed the intellectual property rights owned by the French company “Forge de Laguiole”, but solely in areas in which it pursued an actual business activity.

A decision (Judgement dated 5 April 2017 of the Second Chamber of the EU Court of Justice, No C-598/14Szajner”) dated 5 April 2017 of the European Union Court of Justice (“EUCJ”) put an end to the longstanding series of court decisions about the Laguiole trademark before the European Union jurisdictions (“EU Jurisdictions”), on which relied the right for French company “Forge de Laguiole” to keep using its business name. This decision also gave the EUCJ the opportunity to clarify the application of national case law by the EU Jurisdictions within the framework of proceedings based on Article 8 (4) of Council Regulation (EC) No 207/2009 dated 26 February 2009 on the Community trade mark (the “Regulation”).

(more…)