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Modifications of the Madrid System Safeguard Clause

Under the Safeguard Clause the provisions of the Agreement prevail where, with regard to a given international application or registration, the country of origin and the designated country are parties to both the Madrid Protocol and the Madrid Agreement. From September 1st, 2008, states bound by both treaties will benefit from the provisions of the…

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IP professionals merger : inside and outside views

While in France arises the question of a possible merger between Lawyers and Industrial Property Attorneys, we found interesting to interview French and foreign Lawyers to know better about their scope of action and to have their opinion about this new situation to come. Mrs Anne-Marie PECORARO, Lawyer in Paris and Mr Ian BARTLETT Lawyer…

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Trademarks policies behind politics

Following the French Presidential elections that ended on May 6, 2007, we find it interesting to look at how political trademarks were handled. Mr. Sarkozy, member of the Union pour un Mouvement Populaire “ UMP (Union for a Popular Movement) party, won the French elections with 53,06 % on the second tour. While the party of…

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Coming soon : a French new law to fight counterfeiting !

The new bill was drafted by the French Government on February 7, 2007 in order to improve the tools in the fight against counterfeiting. Its scope of application concerns all industrial and intellectual property rights including indications of origin and geographical indications. This draft of bill is the French version of a Community Directive dated…

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Actions against auctions !

Louis Vuitton and Dior Couture sued the online biddings website EBay for trademark infringement. The plaintiffs claim the website is not vigilant enough as regards the selling and purchasing of goods marked with their brands via EBay, and ask for 37 millions euros as damages.  

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It Links!

    The Google Adwords system, allowing undertakings to purchase keywords and display advertisements on their basis, leads to legal difficulties when a keyword is a third party trademark. The growing number of French decisions against Google brings us to establish a portrait of the most significant aspects.

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It cheats !

A fraud is achieved when a trademark is acquired without intent to use it but only to oppose it to a competitor. The finding of a fraud is much more complicated when the aim of the trademark assignment occurs in a counterfeiting context.  

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