Two years after the Directive no. 2016/943 – which aims to harmonize the protection of trade secrets within the European Union – was introduced, the decree no. 2018-1126 of 11 December 2018, aims to transpose the directive into French law.

With this new decree, a new French trade secret law comes into force. Moreover, the decree also amends the rules that apply to the principle of audi alteram partem in disputes and the publication of decisions.

→ Useful links to the Trade secrets Law and Decree

Genuine Use of Trademarks, AIPPI Law series – Wolters Kluwer Oct. 2018.

This book discusses the definitions of “trademark use”. The use of the trademark can be required to protect it from revocation. Nevertheless, even though action is being taken worldwide to harmonize the laws governing trademark rights, the legal systems may differ. All countries do not always assess in the same way whether or not a trademark is used and do not always attach the same consequence to lack of use of a trademark. Such absence of harmonization is a major challenge for trademark owners who use their trademarks on an international market.

This book on the “real conditions of trademark use” offers an analysis of the rules and of their case law country by country. It will enable trademark portfolio managers (or their lawyers) to get a clear view and know the practical implications and the good practices to adopt to protect their assets in 26 different jurisdictions.

The book was edited by Eléonore Gaspar who also contributed as co-author to the chapters relating to trademark law in France.

→ Find out more: link to the catalogue

On April 2018, two years after its first introduction, the French Parliament ratified the Order no. 2016-131, which comes to reform contract law in France. The Parliament brings the clarification that was deemed necessary by legal theory and modified a number of provisions.

The analysis is co-written by Lin Nin and Audrey Lemal.

Decisions commented :

• Paris Court of First Instance (TGI), 1 December 2017, Docket no.16/12596
• Paris Court of First Instance (TGI), 22 December 2017, Docket no.16/07565:

The analysis is co-written by Thomas Cuche and Diane Fay

Translated Decision – French Supreme Court (Cour de Cassation) “Finasteride” decision of 6 December 2017: Second medical use claims

Article published on Village de la Justice

The article was co-written by Julien Grosslerner and Victoria Aknin

→ Find out more: Article available