Lexicon > Reproduction
IP Lexicon
Reproduction means the identical reproduction of a trademark or a work covered by copyright.
- In terms of trademarks, the Intellectual Property Code prohibits the reproduction of a protected trademark to designate identical products and/or services.
Similarly, the reproduction of a trademark is prohibited even if the goods and/or services are only similar.
This prohibition concerns all types of acts or uses (for example, affixing the sign to a product or packaging, using the sign as a trade name), even if they are accompanied by terms such as “formula, manner, system, imitation, kind, method”.
This means that, even if he thinks he is “warning” the public of the reproduction of a mark of which he is not the owner or licensee, he who reproduces the mark without authorization is an infringer.
- Concerning the copyright, one speaks about reproduction to indicate the “material fixation of the work by all processes which allow to communicate it to the public in an indirect way” (article L.122-3 of the code of the Intellectual property).
The reproduction of a work can only be done with the authorization of the author. This is one of the prerogatives of its patrimonial right. Thus, under his reproduction right, the author can ask for a remuneration for the use of his work.
This is organized contractually by means of a license or an assignment of copyright, notably concerning the right of reproduction.
For example, in order to print and distribute a book, the publisher will have to buy the author’s reproduction rights. The same applies to any photographs or images contained in the book: their reproduction must be contractually authorized by their author.
Article L.131-3 of the Intellectual Property Code requires that the contract for the transfer of copyright expressly mentions “each of the rights transferred”. A clause in the contract must therefore specifically concern the right of reproduction. In addition, it is necessary that “ the field of exploitation of the assigned rights is delimited as to its extent and destination, as to the place and as to the duration”.
Update on trademark infringement
Article L.713-2 of the Intellectual Property Code prohibits use in the course of business:
(1) a sign identical to the mark and used for goods or services identical to those for which the mark is registered;
(2) a sign identical or similar to the mark and used for goods or services identical or similar to those for which the mark is registered, if there is a likelihood of confusion in the minds of the public, including the likelihood of association of the sign with the mark.”
Update on copyright infringement
Article L.335-3 of the Intellectual Property Code states that it is an infringement of copyright:
“Any reproduction, representation or dissemination, by any means whatsoever, of a work of the mind in violation of the author’s rights (…).
Point of jurisprudence
There is reproduction (identical infringement) of a trademark
“when a sign reproduces, without modification or addition, all the elements constituting the mark, or when, considered as a whole, it contains differences so insignificant that they may pass unnoticed by the average consumer”.
ECJ, aff. C291/100, LTJ Diffusion v. Sadas Vertbaudet
The Bouchara Law Firm assists you in protecting and defending your trademarks and creations, and in particular against any form of reproduction.
