The Supreme Court recently considered whether the participants in the French version of famous reality television show Temptation Island held neighbouring rights in their performances. It held that the participants could not be considered as performers with valid neighbouring rights, since they did not play a role or have a script, but were merely requested to be themselves and express their reactions to situations.
The European Commission has announced the reform of the European trademark regime, amending both the EU Trademarks Directive and the EU Community Trademark Regulation. One of the key issues dealt with by the proposals relates to goods in transit. The main aim of the reform is to promote innovation and economic growth by making the trademark system more accessible, more efficient and less expensive.
There have recently been new developments regarding the ongoing copyright levies saga. The Constitutional Court and the Private Copy Commission have issued new decisions which, while providing useful clarification, are unlikely to bring the heated debates on this issue to a close. Meanwhile, an in-depth review of the system is under consideration and expert reports are currently in the pipeline.
The Supreme Court has cancelled Christian Louboutin's trademark - representing a red sole - for lack of distinctiveness. Louboutin initiated proceedings after a collection of women's shoes featuring red soles was launched by high-street retailer Zara. However, the court stated that the reputation of Louboutin's red shoe soles related merely to a concept, rather than to the trademark.
A recent Supreme Court case dealt with the digitalisation of photographs by a press agency without the photographer's express authorisation. The Paris Court of Appeal had found that the digitalisation of the photographs constituted an unauthorised act of reproduction, but the Supreme Court overturned this decision.
France recently adopted a new law on the safety of drugs and health products. The law contains various provisions aimed at strengthening the transparency of the Public Health Code, monitoring drugs and governing health products. Two provisions of this law also introduce exceptions to IP rights on drugs.
The Paris Court of Appeal recently ruled in favour of Nintendo against retailers and importers of linker devices. The digital rights management set up by Nintendo on its games consoles prevents users from using counterfeit games. However, a linker can circumvent the digital rights management and allow counterfeit games to be played on a Nintendo games console.
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