To mark the 30th anniversary of the French Intellectual Property Code, Laurence Dreyfuss Bechmann and Charles Suire share their contribution to this collective work, “Propriété intellectuelle: Regards pratiques et enjeux prospectifs” (i.e.: "Intellectual Property: Practical Perspectives and Future Challenges") published (in French only) in the Cercle Lefebvre Dalloz collection. Alongside other renowned experts, they offer their analysis of the main issues and challenges surrounding intellectual property law, as well as some concrete proposals to promote its development.
Evolving autonomous regimes: infringements ancillary to counterfeiting in French intellectual property law
Before the establishment of the current French regime governing counterfeiting, certain specific infringements of intellectual property rights—such as fraudulent affixing, removal or substitution of trademarks, or artistic forgery—were traditionally considered as autonomous offenses. These distinct offenses addressed specific concerns: consumer protection, respect for artistic authorship, and the fight against deceptive commercial practices. However, following the reforms of 1991 and 1992 and the significant codification work, these "infringements" were gradually absorbed into a more unified framework, raising questions about their relevance and current scope.
Trademarks, copyright, artistic forgery: a case law-driven convergence. The article traces this evolution through concrete examples. The removal of a trademark as in the case — of a ski helmet with its logo removed— is now recognized as an act of trademark infringement. The former offense of fraudulent affixing, or "filling," also seems to be falling under the ordinary law regime of counterfeiting. As for sign modification, it may fall within the concepts of unlawful imitation or unfair competition. Lastly, artistic forgery, long governed by a special law of 1895, is now tending to move closer to copyright law, as evidenced by the case of L'Homme au Chapeau (The Man with the Hat), incorrectly attributed to Modigliani. These examples call for a fundamental rethinking of the system established by the codification of French intellectual property law.
The book is now available in bookstores and online: click here
