Armingaud Avocat | La Robe et le Web

Paris Stepping into London’s Fintech Shoes?

February 27th, 2017 | Posted by Claude-Etienne Armingaud in France | IT | Legislation - (0 Comments)

Despite the lack of announcement by UK Government to give notification to the EU under Article 50 of the Lisbon Treaty of its decision to withdraw from the Union, France is already making its move to move into the steps of the former Fintech capital of Europe. On January 25-26, 2017, more than 1,500 people attended the second edition of the Paris FinTech Forum, encompassing more than 28 countries and 130 companies, from global players to startups.

The irony of the event location, set in the historical venue of the former Paris Stock Exchange building, was not lost to the Bank of France Governor Francois Villeroy de Galhau who wondered “Who would have imagined just a few years ago that a central banker would be speaking at a forum on innovation?” before recognizing that “For banks and insurers, the digital revolution is upsetting the traditional model for client relations” and “there are difficult choices ahead.”

In addition to Fintech – both in their classic understanding of technological innovation applied to the finance industry to more disruptive models, the Forum also gave the opportunity to demonstrate the blossoming RegTech scene. RegTech encompasses all added-value solutions which make it easier for banking services to ensure compliance with applicable regulation, be it for the KYC or AML purposes. Blockchain based solutions also departed from their original Bitcoin association to showcase a broad range of innovative services, from identity control to supply-chain management.

While investments, both in terms of number of operations and invested amounts, have been slightly decreasing in 2016, the Paris Fintech Forum was a proud statement that the market was maturing into products ready to hit the market on a large-scale basis.

The Paris Fintech Forum showcased the strong interest of the French current Government in blockchain technology (see NewsBTC article here), in the wake of the uncertainty surrounding the consequences of the Brexit announcement (see Business Mirror article here). However, France itself will be facing a general election next April and uncertainty may also prevail until then on the continent.

First publication: K&L Gates F i ntech Law Watch

Electronic Money: The French Government Strengthens Financial Intermediaries’ Obligations

On November 10, 2016, the French Government issued a decree against the financing of terrorism which contains various measures addressing anonymous electronic money [source in French]. This new regulatory measure applies to electronic money issuers as well as their distributors, credit institutions, finance companies, consumers, and to any person who physically transfers money from a certain amount.
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French CNIL Reveals the Scope of its Connected Car “Compliance Package”

October 7th, 2016 | Posted by Claude-Etienne Armingaud in Connected Cars | Europe | France | Privacy - (0 Comments)

On 3 October 2016, during a conference organized by the French Comity of Car Manufacturers (“CCFA”) during the Paris Motor Show, Mrs. Sophie Nerbonne, the Compliance Director of the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” or “CNIL”), hosted a press conference in the ongoing fact-gathering for the CNIL’s “compliance package on connected vehicles” (link – in French) on the basis of the Act no. 78-17 dated 6 January 1978, relating to information technology, data files and civil liberties.

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Leaders League Ranking 2016 – New Technologies – Internet – France

July 11th, 2016 | Posted by Claude-Etienne Armingaud in IT | Privacy | Rankings - (0 Comments)

K&L Gates ranked “Highly Recommended” with E. Drouard & Claude-Etienne Armingaud by Leaders League.

Source: No longer publicly available

internet, leaders league, rankings

Legal 500 2016 – EMEA Ranking – Industry focus: IT, telecoms and the internet – Band 3

K&L Gates is ranked in the Industry focus: IT, telecoms and the internet ranking as Band 3

“Headed by E. Drouard, K&L Gates LLP’s six-lawyer team assists major companies with digital transformation, outsourcing matters and IT systems integration. It also advises on cutting-edge data protection matters. Altarea-Cogedim Group and Voyages-SNCF.com are clients, as are a number of luxury goods manufacturers and advertising groups. Senior associate Claude-Etienne Armingaud is another name to note.”

Source: Legal 500 EMEA

rankings

The French Take On The Blockchain

March 30th, 2016 | Posted by Claude-Etienne Armingaud in Blockchain | France | Legislation - (0 Comments)

On March 24, the French National Assembly hosted a day-long conference on “Blockchain: Disruption and Opportunities.”

This event aimed at raising awareness of the French elected representatives and corporate executives on blockchain issues and potential uses for the digital transformation of society as a whole.

The closing statement provided by Emmanuel Macron, the French Minister of Economy, Industry and Digital Economy, was subsequently echoed by his announcement on March 29 of the upcoming adaptation of the French finance regulatory framework in order to progressively allow the introduction of the technology.

This adaptation should first open up to experimentation on the mini-bond market, to be expanded to other tools.

Mr. Macron stated that he was “aware of the importance of the disruptive potential of the blockchain” while the regulatory framework was limited by the current French and European regulations, which prevented the use of the blockchain “in real-life situations, i.e. with real clients and not exclusively in closed beta test scenario within a given financial institution.”

It was also announced that a ministerial ordinance had just been submitted for review to the French Administrative Supreme Court (“Conseil d’État”) to allow for such experimentation in the coming weeks.

First published on K&L Gates FinTech Law Blog.

🇫🇷 Table ronde #1 – Produits et services : les tendances de 2016, Conference Automobile Connectee – Le Journal de l’Automobile, Paris

February 6th, 2016 | Posted by Claude-Etienne Armingaud in Conference | Connected Cars | Non classé - (0 Comments)

Automated Vehicles – Comparative views across the Pond

January 29th, 2016 | Posted by Claude-Etienne Armingaud in Connected Cars | Europe | Privacy - (0 Comments)

While the Obama administration just announced that the financing of the autonomous car would be one of its last projects during the Detroit Auto Show, the research services from the European Parliament also published a prospective note on a similar topic.

The two projects share a same ambition: reduce the death toll on the roads as well as energy consumption. (more…)

Big Data, Concurrence, Données Personnelles, e-Commerce, Europe, Gouvernement, Internet, Législation, livre numérique, Régulation

The 3D Pen is Mightier

January 22nd, 2016 | Posted by Claude-Etienne Armingaud in Intellectual Property | Trademarks - (0 Comments)

The BIC company registered the shape of its renowned pens as a tri-dimensional Community trademark in 1997.

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“Je Suis Paris” – Trademark Refusal on the Ground of Politics

January 22nd, 2016 | Posted by Claude-Etienne Armingaud in Intellectual Property | Trademarks - (0 Comments)

Following the November ’15 terror attacks in Paris, the French Trademark Office (“INPI”) received and subsequently
rejected numerous attempts of registration of the signs “Pray For Paris” and “Je Suis Paris” (“I am Paris”).
The refusals were justified on the ground that “these signs consisted in terms which may not be monopolized by an
economic actor due to their use and perception by the collectivity”.

This position differed from the one expressed after the January 7, 2015 attacks against Charlie Hebdo, where the attempts to register “Je Suis Charlie” (“I Am Charlie”) had been refused on public order grounds. Further to Articles L711-1 and L711-3 of the French Intellectual Property Code, a sign has to be distinctive, available and lawful to be registered. The INPI Director’s decision dated November 20, 2015 retained the unlawfulness of the applied signs, considering their perception by the public.

From a European point of view, such refusal could also be admitted on the ground of Article 7.1.f of the Community
Trademark Regulation. However, if the French decision appears politically appropriate, its basis may be seen as legally weak. Indeed, the words themselves are not unlawful, while their relations to terrorist attacks, and the intent to market on such events, could be interpreted as an offense to public order.

The INPI based its interpretation on the very nature of the trademark, which is “to distinguish goods and services”
without confusion as to their origins, as per Article L711-1 of the French Intellectual Property Code.

In the meantime, “Pray For Paris” and “#PrayForParis” have been respectively registered in the UK in 2013 (and
consequently without pre-existing relation to the November ’15 events) and applied for in Germany the day following the event.

It remains to be seen if a common European position emerges from the tragedy.

First publication: K&L Gates Trademark and Unfair Competition Bulletin, 01/2016 with Audrey Decima