Lexicon

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Rr

Refusal of registration or notification of irregularity

When a registration of an intellectual property right has been made, it does not necessarily mean that the subject matter of the registration will be protected since the Intellectual Property Office may decide to refuse the registration or issue a notice of irregularity.

Right of personality

Fundamental and inalienable rights inherent to the human person, personality rights are defined in principle as the rights that ensure the protection of the attributes of the personality (privacy, right to one’s image, voice) and guarantee one’s moral integrity.

Related rights

The law of July 3, 1985 n° 85-660 introduces the neighboring rights in the French law.

Renowned or well-known brand

In law, the concepts of reputed and well-known trademarks were first developed by case law and concern trademarks which, because of their high public awareness, are likely to benefit from extended protection.

Ss

Social networks

A social network is a platform accessible via an Internet connection that allows Internet users to create a personal account (a page) via an application or a website and to share content (texts, images, photos, videos…) with its community made up of other Internet users who are subscribers or connected to this page.

Slogan

A slogan is a set of words, a formula, sometimes a concise sentence, which aims to have a striking impact on the public.

Sign

According to the law of December 29, 1979, ” constitutes a sign any inscription, form, or image affixed to a building and relating to an activity which is carried out. (article L.581-3 of the Environment Code).

Soleau envelope

In French law, article R.511-6 of the Intellectual Property Code provides that “the following rules apply In order to complete the evidence obtained from the above-mentioned registers, the interested parties shall be authorized to draw up two identical copies of the designs for which they wish to secure the date of priority of creation and to send both copies to the National Institute of Industrial Property, which, after recording and punching the date of arrival, shall return one of them to the sender and place the other in its archives (…) “.

Serious use

The registration of a trademark gives its owner a monopoly of exploitation which allows him to freely exploit his trademark in the territory in which it is registered (principle of territoriality) and for the product(s) and/or service(s) covered by the registration (principle of speciality).

Tt

TEU – CJEU

The Court of Justice of the European Union (CJEU), in the broadest sense, is the judicial institution of the European Union, with its seat in Luxembourg.

Transfer of a brand

The assignment of a trademark is a contract by which the owner of a trademark, called the assignor, transfers the ownership of his right to a third party, called the assignee. The latter will then be vested with all rights to the trademark that has been assigned to him.

Trademark registration

This is the formality by which a natural or legal person files an application for registration of a trademark with an intellectual property office, namely the INPI for French trademarks, the EUIPO for European Union trademarks or the WIPO for trademarks registered under the Madrid System.

Trade name

In corporate law, the trade name is the name under which a company (or a self-employed person) participates in business and will be known to the public.

Uu

Unfair and/or parasitic competition

Freedom of trade and industry is a fundamental principle of our law.

Unfair competition proceedings

In France, the unfair competition action is a so-called “common law” action, which is not based on intellectual property rights.

Vv
Ww

WIPO

The World Intellectual Property Organization ( WIPO) is an international body of the United Nations, responsible for the cooperation and promotion of an international intellectual property system.

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