A patent owner who sends to distributors of a patented product a letter warning them that they may be liable for patent infringement if they continue marketing such product is guilty of unfair competition by disparagement. These are the findings of a recent decision issued by the Cour de Cassation (French Supreme Court) in a […]
My participation in a panel on the rules of evidence during a meeting of the International Association of Defense Counsel (IADC) in Lisbon made me realize once again the substantial cultural gaps between Common law countries and Civil law countries.Just like planets are not to meet each other, these gaps occur along several axes: the […]
Law n°2014-288 of March 5, 2014 on occupational training, employment and social democracy has introduced in the French Labor Code new obligations for Works Councils with respect to financial transparency. Applicable obligations vary according to the size of the Works Councils. Implementation Decrees n°2015-357 and n°2015-358 were published on March 27, 2015 and the French […]
Pursuant to Article 214 of the French Civil Code, “Where a marital agreement does not regulate the contribution of the spouses to the household expenses, they shall contribute to such expenses in proportion to their respective abilities”. This provision applies regardless of the marital regime elected by the spouses, and enables to adjust, through a […]
As announced in our December 2014 e-newsletter, following FIFA’s decision to ban Third-Party Ownership (“TPO”) arrangements worldwide, the French Professional Football League (“LFP”) had decided to launch a fact-finding mission with the League 1 and League 2 professional clubs, as well as participants in TPO arrangements, the players’ union, and sports agents who have already […]
Directive of July 25, 1985 on liability for defective products (the “Directive”) has introduced a strict liability regime under which producers/manufacturers are liable for damage caused by the defectiveness of their products. To enforce this strict liability regime, the aggrieved person is required to prove the defect, the damage and the causal relationship between the […]