Redefining an Industry: Where is Champagne From?

European Court of Justice Provides Narrow Answer to Question of Jurisdiction for Internet-based Copyright Infringement

Let’s assume you’re a French musician part of a hip British indie-rock band. 30 years later, you discover that an Austrian company has been making unauthorized CDs and a UK-based outfit has been selling them online.  Can your home court in France hear your action against the Austrian CD manufacturer?  According to a recent preliminary […]

Mon Dieu: Chanel Accused of Counterfeiting

France is known for its fashion.  Perhaps more importantly within the fashion world, France is known as being one of the last remaining champions of the petites mains: highly skilled tailors and seamstresses that are the “behind the scenes” technicians to Europe’s most notorious haute couture fashion houses.  In a surprising David v. Goliath decision, […]

Google Plays Nice with French Publishers, Trial Scheduled in the U.S.

In June, Google, Inc. received some welcome news in France after the lawsuits instigated by the French Publishers Association (Syndicat national de l’édition) and the French Author’s Association (Société des gens de lettres) were withdrawn following a successfully agreed upon “framework” settlement. Google wrote on its European Public Policy blog that the new arrangement gives […]

Kettle Of Fish: The Concept Of Originality In Protecting Photographic Works

  Andrew Baker is a LLB/BCL candidate at McGill University Faculty of Law. A decision of the Cour de Cassation de la France has led to some uncertainty as to when a photograph constitutes an intellectual work subject to protection.

France and the Right to Forget

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. The BBC recently reported on a proposed law in France about creating an online “right to forget” (Internet legislation would seem to be a hot issue in France; recent news includes the October 2009 acceptance of the graduated-response “3-strikes” HADOPI 2, and […]

The HADOPI law held unconstitutional by the French Constitutional Court

Giovanni Maria Riccio is Professor of Private Comparative Law at the University of Salerno.  Professor Riccio is an IP Osgoode Research Affiliate.  The French Constitutional Court held that the "Creation and Internet" law - the law promoted by the Olivennes Commission and strictly supported by the President Sarkozy - is unconstitutional. This Act - whose […]