Lexicon
R
Registrar
Domain name registrars are the service providers in charge of creating, renewing, transferring, changing the holder or deleting domain names.
Report
The report is a legal act by which a judicial officer carries out a certain number of observations on a given place (the need to obtain a prior order from a judge may be compulsory in particular within the framework of the request 145).
Request 145
In the case of infringement of intellectual property rights, for example in the field of trademarks, designs or copyrights, the right holders (individual or company) can use the seizure of infringement in order to be authorized to appoint a bailiff who will act on the order of a judge and will go on the premises of the infringing competitor in order to gather information about the infringement.
Right to erasure
The right to erasure of personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to object.
- The right to information;
- The right to access;
- The right of rectification;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
Right to limitation
The right to restrict the processing of personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to object.
- The right to information;
- The right to access;
- The right of rectification;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
Right to portability
The right to portability of personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to object.
- The right to information;
- The right to access;
- The right of rectification;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
Right to rectification
The right to rectification of personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to object.
- The right to information;
- The right to access;
- The right to portability;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
Right to information
The right to information about the processing of personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to object.
- The right to information;
- The right to access;
- The right of rectification;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
Right of access
The right of access to personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to object.
- The right to information;
- The right to access;
- The right of rectification;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
Right to object
The right to object to the processing of personal data is one of the seven rights that data subjects have over their personal data enshrined in the GDPR, namely:
- The right to information;
- The right to access;
- The right of rectification;
- The right to erasure;
- The right to limitation of processing;
- The right to data portability;
- The right to object.
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 related rights in the French law.
Representative
The intellectual property representative is the person responsible for representing a third party (an individual or a company), its “principal”, in particular before the Intellectual Property Offices, in order to carry out the formalities and acts necessary for the acquisition, maintenance and defense of intellectual property rights.
Renowned or well-known trademark
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.
S
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.
Sub-processor
The processor is the natural or legal person who processes personal data on behalf of the controller.
Spoofing
Spoofing refers to a malicious action consisting in usurping all or part of the identity of a natural or legal person, in order to obtain an illegitimate advantage.
SYRELI
The SYRELI procedure (Dispute Resolution System) is one of the two out-of-court procedures for resolving domain name disputes operated by AFNIC.
Supervisory Authority
A supervisory authority is an independent public authority that is established by a member state of the European Union under the GDPR.
Special categories of data
Special categories of personal data within the meaning of the GDPR are those revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, as well as genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health and data concerning sex life or sexual orientation.
Standard Contractual Clauses
Standard contractual clauses are model agreements on the processing of personal data adopted by the European Commission for the following categories of personal data transfers
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 (…) “.
Software
Software is a set of programs, processes and rules, and possibly documentation, related to the operation of a data processing system.
T
Tolerance
Tolerance is one of the infringements of a trademark owner’s right due to his inaction and is provided for in article L.716-5 of the Intellectual Property Code, which states that “any action for infringement of a later registered trademark whose use has been tolerated for five years shall be inadmissible, unless the filing was made in bad faith. However, the inadmissibility is limited to the goods and services for which the use has been tolerated”.
Trademark monitoring
A trademark is a distinctive sign which confers on its owner an exclusive right of intellectual property and thus allows him to oppose the use of his trademark by third parties, without his prior authorization.
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.
Typosquatting
Typosquatting is the registration of a domain name similar to a trademark, a brand name, a family name or another domain name in order to deliberately create a risk of confusion in the mind of the Internet user and thus deceive him.
Trademark
A trademark is a distinctive sign that allows its owner (natural person or legal entity) to distinguish its good(s) and/or service(s) from those of other market players, and in particular from its competitors.
Trademark degeneration
In law, a trademark is a distinctive sign whose essential function is to indicate to the consumer the origin of the good(s) and/or service(s) it designates so that he can distinguish them from those offered by third-party companies.
Trademark application
This is the formality by which a natural or legal person files an application for registration of a trademark before 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.
Trademark License
In France, a trademark license agreement is an agreement by which the owner of a trademark (the licensor) transfers the rights to use his trademark to a third party (the licensee), usually in exchange for a royalty, often proportional to the result (sales, profit) of the exploitation.
Trademark Package
The Trademark Package, which came into force on December 11, 2019 with the “Pact Law” n°2019-486 and was completed by two decisions of the Director General of the INPI on December 11, 2019, is part of the continuity of the compliance of French law with the European Union’s “Trademark Package”, adopted in 2015 through the transposition of Directive (EU) n°2015/2436 of December 16, 2015.
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.
U
UDRP
The Uniform Domain Name Dispute Resolution Policy (UDRP) is an alternative dispute resolution process for the registration and use of top level domain names (.com, .biz, .info, .mobi, .net, .org…) as well as those corresponding to country codes that have voluntarily adopted the UDRP.
Unfair competition proceedings
In France, the unfair competition action is a so-called “common law” action, which is not based on intellectual property rights.
v
Video monitoring
Video monitoring refers to the capture, transmission and recording of images taken in places not open to the public (offices, store reserves, closed condominiums …).
VPN
A Virtual Private Network (VPN) is a private communication channel that most often uses the Internet infrastructure to transmit data that is generally protected by encryption techniques.
W
WHOIS
The WHOIS is a directory containing technical information about the holders of domain names.
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.
