Legislation

Collective/ Certification Trademarks : the new deal of the French “PACTE” law

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Law No. 2019-486 adopted on May 22, 2019 known as “PACTE law” relating the growth and transformation of companies, reforms the very specific organization of trademarks formerly known as “simple collectives” and “certification collectives”. Beyond a simple change in terminology which now distinguishes “collective trademarks” and “guarantee trademarks”, this is an upheaval on the subject …

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The application of the LCEN to a request for the blocking of sites infringing trademarks

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In this decision, the Court of Paris was asked to rule on the question whether the owner of an online counterfeit trademark could base his request to block websites on the basis of Article 6.I.8 of the LCEN or whether, according to the adage “Specialia generalibus derogant”, the existence of a specific basis in trademark …

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Specific regulations concerning the registration of certain products in Africa: registration of cosmetics in Nigeria with the national agency for food and drug administration control (NAFDAC)

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Some products are subject to certain requirements before they are placed on the market in some countries.   In Nigeria, NAFDAC is the authority charged with the regulation and control of the importation, exportation, manufacture, advertisement, distribution, sale and use of certain products. The scope of its authority is broad and the products under its …

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01/07/2018- International/ Brazil – the LGPD should come into force within 18 months.

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After 8 years of work and inspired by the 1995 European Directive, the 1st Brazilian law on the protection of personal data (LGPD) will come into force. It creates and standardizes a comprehensive system of protection with 10 legal bases to justify the processing of personal data (including consent), enhanced protection for so-called sensitive data …

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Le Droit Chinois sur les Marques : Plaidoyer pour une réhabilitation avec la nouvelle loi du 30 Août 2013 !

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It is very often said that the Chinese legislation on trademarks reflects a protectionist approach (including against infringers) and is static, illegible and unfair. This article tries to take an objective view on the Chinese system. First, the system is based on the active and effective role of the Trademark Office. Should we complain about …

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Nouvelle Loi Chinoise sur les Marques du 30 Août 2013 : l’Empire Immobile bouge !

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On August 30 this year, China passed a new version of its law on trademarks (to be enforced on May 1, 2014). The aim is to gradually align the Chinese system with international standards. Among the (many) changes brought by the new version, the one concerning well-known trademarks is of particular interest to us. It …

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