Lexicon

Distinctive character (or “distinctiveness”) is one of the essential conditions for the validity of a trademark, as set forth in Article L.711-2-2° of the Intellectual Property Code.

Distribution law is constantly evolving, driven by the new commercial techniques that are developing on digital networks.

A database is a collection of works, data or other elements arranged in a systematic and methodical way. These are individually accessible by electronic and other means.

The domain name is a textual address assigned to an IP address, allowing an Internet user to access a particular website.

The rule of exhaustion of rights is contained in Article 15 of Directive (EU) No. 2015/2436 on trademarks as well as in Article 4, § 2, of Directive (EU) No. 2001/29 on copyright, which provides that:

“The right of distribution in the Community in respect of the original or copies of a work shall not be exhausted until the first sale or other transfer of ownership in the Community of that subject matter by the right holder or with his consent.”

Encryption is a reversible operation applied to data, possibly personal data, in order to make them incomprehensible to anyone who is not authorized to access them.

The European Union Office for Intellectual Property (EUIPO), formerly known as the Office for Harmonization in the Internal Market (OHIM), is the central institution of the European Union responsible for the management of the European Union’s trademarks and designs, which are strategic assets in business life .

The European Data Protection Commitee (EDPC) is an independent European body that contributes to the consistent application of the GDPR within the European Union and promotes cooperation between the supervisory authorities of the EU member states.

The European Data Protection Supervisor is an independent European body that primarily monitors the correct application of the GDPR and Regulation 2018/1725 by the institutions and other bodies of the European Union.

An electronic signature is a means of electronic identification that provides the classic functions of a handwritten signature.

In matters of trademark law, the foreclosure by tolerance is an end of non-receipt provided by the law to :

Franchising and commission-affiliation are two distinct legal systems that allow a company to develop their business in a network.

The general terms and conditions of sale (GTC) are the means by which a seller informs its customers of the conditions it proposes for the sale of its products.

The purpose of registering a trademark is to protect and obtain a right to a name, a logo, a sound, or any other category of sign expressly listed by the Intellectual Property Code, for the good(s) and/or service(s) corresponding to the activity envisaged under this sign.

GDPR refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

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 good(s) and/or service(s) covered by the registration (principle of speciality).

The word ” influencer ” entered the French dictionary in 2017. The influencer is the one who ” influences the opinion, the consumption by his audience on social networks ” (dictionary Le Robert).

The National Institute of Intellectual Property (INPI), located in Courbevoie, is a financially autonomous public institution under the supervision of the Ministry of Industrial Property.

Article L.714-3 of the Intellectual Property Code states that “the registration of a trademark shall be declared null and void by a court decision or by a decision of the Director General of the National Institute of Industrial Property, pursuant to Article L.411-4, if the trademark does not meet the conditions laid down in Articles L.711-2, L.711-3, L.715-4 and L.715-9 [of the Intellectual Property Code].”

The Internet Protocol (IP) address is a unique identification number usually written as four integers (bytes) separated by dots.

What is the difference between an IP lawyer and an IP attorney?

The right to the image is not expressly provided for by French law. It is a law resulting from the jurisprudence on the basis of two texts:

The legal action for infringement is the one specifically opened to the holders of intellectual property rights in case of infringement of the latter.

Industrial Property is one of the two branches of Intellectual Property.

Intellectual Property is a specific branch of law that groups together all the rules applicable to “intellectual property”, to intangible property resulting from a creative effort.

Information society services are defined as any service normally provided for remuneration, at a distance by electronic means and at the individual request of a recipient of services.

Joint controllers of personal data are two or more data controllers who jointly determine the purposes and essential means of the processing.

The logo is a particular graphic / visual.

Any processing of personal data must be lawful in order to be implemented under the conditions enshrined in the RGPD and the Data Protection Act.

Trademark revocation is provided for in articles L.714-5 and L.714-6 of the Intellectual Property Code.

The legal mentions refer to the information that must be included on websites in application of the law n° 2004-575 of June 21, 2004 for the confidence in the digital economy.

Literary and artistic Property is one of the two branches of Intellectual Property.