Legal News

Business Law

Deadlines obligations

If due to the carrier's fault who breaches his deadlines obligations, you fail to reply on time to an invitation to bid, his limitation of liability can be invoked unless you demonstrate gross negligence The carrier in its advertising had undertaken to deliver in Paris, Friday afternoon, an envelope which had been handed to him the day before. Having failed to deliver on the contractual deadline, his liability was not held nevertheless,… Lire la suite »

Business Law

Shakespeare's language is acceptable to contracts entered between French professionals…

Is it possible for a French company to draft its contractual documents in English relating to its commercial activities with another French company ? On this issue a French company having relationships overseas referred the matter to the “Commission d’Examen des Pratiques Commerciales”, a French governemental body, which power is to render advisory opinions. The Commission, in its opinion dated May 12, 2016, hold that… Lire la suite »

Copyright and NICT

The Brexit : will you need to proceed with new registrations and incurr additional costs, to maintain protection of your intellectual properties rights ?

While awaiting the effective leave of the UK from the EU, the holders of intellectual property rights must audit their intellectual properties’ portfolio. This audit is necessary to anticipate the appropriate steps to maintain protection in the UK and amend the existing contracts. Trademark, designs and models 'impact The EU trademark and the European design and model constitutes a single ownership title across the EU which offers… Lire la suite »

Intellectual Property

In Europe, for a food product, McDonald only can use the terms « Mc » and « Mac », followed by a name or a trademark

It is impossible from now on to use the terms « Mac » or « Mc » to designate food products or drinks : the Court of the European Union has recently confirmed the renown of McDonalds' trademarks, enabling the American company to object to trademark registrations which combine the said prefixes above- mentioned (TUE, July 5 2016, T-518/13). In this particular case, a Singapore company had… Lire la suite »

Business Law

The French law reform on Contracts

The French law reform on Contracts enacted by the executive Order dated February 10 2016: towards a simplification, clarification and foreseeability : It is 200 years of judicial practice which has been enshrined by the Order n°  2016-131 dated February10 2016, in order to improve the readability and the effectiveness of the contracts. In this way France improves its business law, with a more pragmatic approach. Said reform… Lire la suite »

Business Law

The automatic recognition of an EU member state court ruling by other member states: the end of Exequatur

On December 6th 2012, European justice ministers reformed the “Brussels 1” Regulation that will be applicable within two years. It was decided that in order to facilitate the recognition of an EU member state court ruling by other member states, the “exequatur” procedure would be repealed. Exequatur instituted a complex and costly procedure for rulings to be recognized in other EU states in civil and… Lire la suite »