IP Law : Info en plus tableau

Exploitation Rights (L122-1)

Authors have two main rights: representation (public communication) and reproduction (copying their work).

Representation (L122-2)

Sharing the work with the public includes:

1. Public performances (e.g., recitations, presentations, broadcasts in public places). 2. Broadcasting via TV or telecommunications (including images, sounds, and data).

Reproduction (L122-3)

Copying a work onto a physical medium (e.g., printing, photography, recording) for public communication.

Permission Requirement (L122-4)

Any copying or public sharing of a work without the author's consent is illegal, including translations or adaptations.

Future Works (L131-1)

Contracts for all works an author might create in the future are invalid.

Written Agreements (L131-2)

Transfers of rights must be documented in writing.

Specificity (L131-3)

Each transferred right must be explicitly detailed in terms of:

• Scope (extent and purpose),

• Place,

• Duration.

Remuneration (L131-4)

Authors should receive payment proportional to revenue, except in specific cases like software or incidental use of their work.

Revision Rights (L131-5)

If the author incurs significant loss from a fixed-fee contract, they can request a price adjustment. Authors may also seek additional pay if their proportional share ends up being very low compared to actual earnings.

Employee Inventions (Employer Rights)

If an invention is part of an employee's duties or research for their employer, the rights belong to the employer.

Employee Inventions (Employee Rights)

For inventions unrelated to work duties, the rights belong to the employee.

Employer Claims on Inventions

If the invention is linked to the company's resources, knowledge, or field of activity, the employer may claim ownership or usage rights.

Exclusive Rights (L613-3)

Without the patent owner's consent, the following are prohibited:

• Making, selling, using, or importing/exporting a patented product.

• Using or offering a patented process.

• Using, selling, or importing/exporting a product made through a patented process.

Refusal to Register (Article 7)

Certain trademarks cannot be registered, including:

• Generic or non-distinctive signs (e.g., names or descriptions of product characteristics).

• Shapes or features necessary for the product's function or value.

• Marks contrary to public policy or designed to mislead.

Licensing (Article 25)

EU trademarks can be licensed for specific uses, places, or goods/services. Licenses can be exclusive or non-exclusive.

Trademark Owner Actions

The trademark owner can act against a licensee who violates the terms of the license (e.g., quality, scope, or region).

Exclusive Licensees

Exclusive licensees may take infringement action if the owner fails to do so.

Revocation (Article 58)

Trademark rights can be revoked if the mark hasn't been genuinely used for 5 years without valid reasons.

Lawful Acquisition of Trade Secrets (Article 3)

A trade secret can be legally obtained through independent discovery or creation, publicly available information or lawful testing, and ethical commercial practices.

Unlawful Acquisition of Trade Secrets (Article 4)

It is illegal to acquire a trade secret through unauthorized access, copying, or theft, breaching confidentiality agreements or contracts, and using or sharing the secret without consent if the secret was obtained unlawfully or there was a breach of confidentiality or contract terms.

Copyright

Copyright, often referred to as 'authors' rights,' protects original works of authorship such as literature, art, music, and other intellectual creations, granting exclusive rights to the author to exploit the work.

Economic Rights

Economic rights grant the author control over the financial exploitation of their work, allowing the author to authorize or prohibit others from using their work for commercial purposes.

Key Features of Economic Rights

Economic rights include the right to reproduce, distribute, perform, and adapt the work, typically lasting for the lifetime of the author and extending to 70 years after their death.

Moral Rights

Moral rights protect the personal and reputational interests of the author, are intrinsic to the author's person, and cannot be transferred or waived.

Key Features of Moral Rights

Moral rights include the right to attribution, right to integrity, are perpetual and inalienable, and are imprescriptible.

Right to Attribution

Ensures the author's name is associated with the work.

Right to Integrity

Protects the work from alterations, modifications, or uses that could harm the author's reputation or honor.

Duration of Copyright

The term of copyright lasts for the life of the author plus 70 years.

Transferability of Economic Rights

Economic rights are transferable, allowing authors to sell or license their rights.

Examples of Moral Rights

A sculptor's work cannot be altered in a way that misrepresents their original vision, and their name must always be credited.