Intellectual property: Copyright in France
The team at August Debouzy has a strong international presence, and is involved in many cross-border matters. Along with Basile Ader, who jointly heads the team with Mahasti Razavi, counsel Amélie Tripet frequently assists clients in the arts sector with copyright issues. The team also acts for clients in the media and technology sectors, including its current defence of the newspaper Le Parisien against a French photographer, Mr Fernez, who claims Le Parisien published one of his photographs without any authorisation. Other notable clients include Microsoft. Counsel Véronique Dahan is also recommended.
Sandales Tropezienne Rondini
- Currently defending Le Parisien against a French photographer, Mr Fernez, who claims that Le Parisien published one of his photographs without any authorisation.
- Successfully represented Rondini in a copyright infringement and unfair competition matter.
- Represented art collector and dealer Mr. Curial in a dispute before the civil courts of Lisieux against an auction house and an auctioneer, and obtained the cancellation of the sale.
Bird & Bird has a strong focus on technically complex sectors including life sciences, healthcare, media and entertainment. Yves Bizollon secured a positive decision for Kidiliz Group in a copyright and trade mark infringement action as the claim against the main defendant was dismissed. Anne-Charlotte Le-Bihan is currently representing new client Take-Two Interactive Software, owner of publishing label Rockstar Games, as part of a worldwide copyright enforcement campaign that the client is running against infringing software developers. Géraldine Arbant, who is based in Lyon, represented Vitra, a Swiss manufacturer of furniture, in copyright infringement claims which raised issues of private international law.
Take-two interactive software, inc., Rockstar Games
- Represented Vitra, a Swiss manufacturer of furniture, in copyright infringement claims against different infringers.
- Represented Kidiliz Group in a copyright and trade mark infringement action and secured a positive decision for the client as the claim against the main defendant was dismissed.
- Currently representing Take-Two Interactive Software and Rockstar Games in a video game copyright infringement against mod menu developers as part of a worldwide copyright enforcement campaign that Take Two is running against software developers.
De Gaulle Fleurance & Associés's 'very responsive' intellectual property team is jointly headed by Julien Horn and Louis de Gaulle. The latter represented TF1 (the leading French TV group) in a series of disputes against the main internet service providers (namely Altice-SFR, Orange and Free) and the French TV channel package distributor Groupe Canal+. Other key clients include many of the major players in the French and international markets in the media and entertainment and software industries and the cultural sector, including DreamWorks, Microsoft and the French National Library. Charles-Edouard Renault 'understands the need for creative freedom and attempts to find practical solutions'. Sandra Strittmatter is also recommended.
‘Very responsive to our work and expert at identifying and helping to solve French legal issues.‘
‘Charles Renault is always available to assist us in navigating the complexities of French law for our clients. His analyses are comprehensive, thoughtful, and practical.‘
‘Our firm has worked extensively with Charles-Edouard Renault and Hermien van der Vynckt. They are both excellent attorneys. Charles in particular has provided indispensable advice to our US clients who are producing film and television for worldwide distribution. He understands the need for creative freedom and attempts to find practical solutions so that the creators can make the content they want to make without unnecessary legal risk. In this global economy for content, we could not do our job without Charles and his team.‘
‘Very commercial and pragmatic approach. A real desire to understand our brands and to optimise advice.‘
‘Sandra Strittmatter is truly integrated into our team, which shows our confidence in her.‘
Bibliothèque Nationale de France
CNC (Centre national du cinéma et de l’image animée)
Dreamworks Animation/NBC Universal
Editions Xavier Barral
No Money Productions
Yale University Press
- Represented EasyMile, a specialist in autonomous vehicle technology, in litigation initiated by Kompai Robotics based on alleged software infringement and unfair competition.
- Represented RMN-GP (“Réunion des Musées Nationaux, Grand Palais”) before the Civil Court of Paris in a matter regarding the use of the design of the Pyramid of the Louvre Museum.
- Acted for TF1, the leading French TV group, in a series of matters against the main internet service providers (namely Altice-SFR, Orange and Free) and the French TV channel package distributor Groupe Canal+.
Gide Loyrette Nouel A.A.R.P.I. assists notable clients from a wide spectrum of industries, with a particular focus on the fashion, technology and automotive sectors, among them household names including Renault. Arnaud Michel, Grégoire Triet and Emmanuel Larere are particularly strong in litigious matters, and are frequently instructed to represent clients in copyright infringement cases. Raphaëlle Dequiré-Portier frequently advises clients on the intellectual property implications of transactions. Other key names to note are Jean-Hyacinthe de Mitry, Olivier Cousi and counsel Julien Guinot-Deléry.
‘They always win. I mean ALWAYS. It is uncanny.‘
Shanghai Icicle Fashion Co Ltd
- Defending Fondazione Prada in a copyright infringement case.
- Assisting Icicle Fashion Group with the intellectual property aspects of its buy-out of the luxury label Carven.
Pinsent Masons LLP
The team at Pinsent Masons LLP, headed by Emmanuel Gougé, takes a sector-based approach focusing on four areas in particular: media, retail, food and beverage, and luxury. Matters include providing assistance with the framework of the launch of a new product; handling the copyright litigation aspects of copyright infringements by third parties; and representing clients in court proceedings relating to unfair competition actions. Also notable at the practice are senior associate Virginia de Freitas and associate Léonore Isnard. The team benefits from the recent addition of Jules Fabre, who joins as legal director from Teva Pharmaceutical Industries, and associate Barbara Daudet who joined from France Brevets.
The copyright offering at Simmons & Simmons is jointly headed by Marina Cousté and Sarah Bailey and handles advisory and litigious matters. The firm has particular experience of working with clients from the pharmaceutical and spirits industries. Contentious matters handled by the practice include representing clients in copyright infringement litigation before French courts. On the non-contentious side, Ultimate Software Group instructed the team to advise on its $300m acquisition of PeopleDoc. The team also assists clients with the negotiation and drafting of licensing and maintenance agreements. Another key name to note is of counsel Frédérique Potin. Of counsel Romain Viret joined LPA-CGR avocats.
Ultimate Software Group Inc
- Advised Ultimate Software Group on the intellectual property aspects of its acquisition of PeopleDoc.
- Assisted Wright Medical/Imascap with the organisation of ownership and exploitation of the results of the research conducted in the course of joint project Followknee.
The team at Taylor Wessing has a strong focus on intellectual property matters in the media sector, where it assists a number of key clients, including Mondadori Magazines and Fox Channels. Claire Saint-Laurent, who heads the practice along with Christian Valsamidis, Benoît Goulesque-Monaux and Marc Schuler, recently led a team assisting Mandarin Télévision with one of the first French international originals for Netflix, in a matter which included the negotiation and drafting of all the agreements and was worth €1.2m per episode. Contentious matters handled by the team include copyright infringement lawsuits. Counsel Jeanne Léon-Dufour is also recommended.
- Assisted Mandarin Télévision with one of the first French international originals for Netflix, Mortel, including including handling negotiations and drafting agreements.
- Advised Dailymotion on the defence of its hosting status in relation to content broadcast on its platform.
- Represented Parragon in a lawsuit initiated by Casterman on the grounds of copyright infringement in relation to puppet books for children published by the respective parties.
Allen & Overy LLP
The 'very responsive' team at Allen & Overy LLP is particularly praised for its delivery of a 'full service for games companies' and its 'knowledge of the games industry'. Practice head Alexandre Rudoni, who is 'extremely well connected in the games industry', is assisting longstanding client Nintendo with various intellectual property matters, including advising on the enforcement of all aspects of its anti-piracy programme in France and representing the client in several ongoing criminal and civil actions concerning copyright infringement and circumvention of technological protection measures. Other notable clients include Valve Corporation, Epic Games and Nikon.
‘Very responsive, strong international focus and knowledge of the games industry.‘
‘Alex Rudoni is extremely well connected in the games industry.‘
‘The team at Allen & Overy that we are working with have a very strong and deep understanding of the gaming industry. The team responds fast and provides valuable advice.‘
‘Fast responses/ability to make quick calls.‘
‘Business-oriented, to the point and efficient.‘
‘Understands the market, accessible and doesn’t try to write 10 pages to explain a matter.‘
‘This team is now almost the only team delivering full-service for games companies in France.‘
‘Alexandre Rudoni is absolutely outstanding! He knows the games industry better than any other French lawyer, delivers the quality you’d expect from A&O, but is much more approachable and hands-on than what you’d have thought of an A&O partner.‘
‘The team is made up of various talents. Each employee has their strengths and area of expertise. The associate lawyer manages the projects, keeping the interests of the client in view. The strength of the team is to put the client in touch with the right interlocutor, a specialist in the activity and the industry concerned.‘
‘Alexandre Rudoni is a dedicated lawyer, particularly passionate about our activity (which is an asset), as well as his area of expertise. He is able to make himself available quickly when necessary and to facilitate a team around him by leaving them the freedom to move on without micromanaging them, which in my opinion is a rare quality. Alexandre Rudoni’s team is on the whole attentive, produces quality returns, and knows how to adapt its invoicing to the size of the client and the risk of the case concerned.‘
Focus Home Interactive
Viviane Hamy Editions
- Representing Nintendo in several ongoing criminal and civil actions for copyright infringement and circumvention of technological protection measures.
- Defending Electronic Arts in a case of copyright infringement related to one of the client’s FIFA games.
- Represented Valve Corporation in intellectual property litigation involving Valve’s online terms and conditions, initiated by the French consumer association, UFC Que Choisir, before the Paris Court of First Instance.
Altana's team handles transactions and litigation. It acts for clients across various sectors, with particular focus on entertainment (Moulin Rouge), technology (Samsung), and web-based services (Amazon). Practice heads Jean-Guy Ruffray, Pierre Lubet and Frank Valentin are active in areas including copyright issues raised by audio-visual production activities, assessing potential moral rights infringements, and representing clients in trade mark and copyright litigation. Another key name to note at the practice is counsel Charlotte Hébert-Salomon.
Exacompta – Clairefontaine
Vinci Construction France
Armengaud Guerlain's copyright team assists clients with the whole gamut of contentious and non-contentious matters, including infringement litigation and contract negotiations. The practice also provides advice on intellectual property and intangible asset monetisation. Clients come from a wide variety of sectors including biotechnology, luxury goods and construction. The key names to note are Catherine Mateu and Stéphane Guerlain.
ATURQUOISE's 'flexible and responsive' team handles a varied workload of acquisitions, litigation and general advisory work for noteworthy clients from an extremely wide range of sectors, among them well-known publishers Springer and Elsevier, and market leaders from the fashion industry. The practice also draws on its 'expert specialists in copyright, media and entertainment' to advise private clients on their interactions with publishers, agents and producers. Senior associate Rodolphe Boissau is a key name to note. 'Excellent lawyer and negotiator' Anne-Marie Pecoraro is leading a team which assists Elyx, the first digital ambassador of the UN, with the protection of its intellectual property.
‘Aturquoise is a firm on which you can rely for expertise and best practices. Anne-Marie Pecoraro and her team are close to clients, flexible and responsive, and valuable partners to the company. They are also supportive and show the highest levels of expertise. They are experts in the field of copyright, media and entertainment.‘
‘Anne-Marie Pecoraro is an excellent lawyer and negotiator. Rodolphe Boissau, Marion Faupin, and Emeline Cuchot form a team 100% trustworthy, creative, and technical. They provide excellent support and advice for the company’s strategy, for national and international problems. I do not hesitate to refer clients to them and recommend them. Excellent negotiators as well as litigators.‘
‘The team is recognised as comprising of expert specialists in copyright, media and entertainment.‘
‘Anne-Marie Pecoraro is an excellent lawyer, with a special ability to communicate solutions in a very knowledgeable, intelligible and friendly manner.‘
Frédéric LYPHOUDT ARCHIKONSOL PROJECT
Fondation ELYX @Elyxyak
- Advise French cook and recipe book author Chloe Saada on her interactions with producers, editors, and publishers in order to assist with the protection of her intellectual property rights.
- Assisted Tornika Affimobiz with the intellectual property aspects related to its acquisition by another company.
- Acting for Elsevier and Springer Nature in the defence of their intellectual property, particularly by blocking counterfeiting websites.
The team at FTPA handles contentious and non-contentious intellectual property matters for a range of clients, with a particular focus on the entertainment and media sectors. Antoine Gautier-Sauvignac represented a client in a cross-border copyright infringement case, obtaining a favourable settlement. Philippe Pochet assisted a client with drafting contracts in compliance with French intellectual property law. Boriana Guimberteau is representing a client in pending copyright litigation in a high-value matter.
The team at Laude Esquier Champey has a particular focus on representing clients in litigious matters, although the practice also covers the full range of advisory services, including the negotiation and drafting of agreements, and advising on strategies for defending intellectual property rights. The key name to note is practice head Sophie Havard Duclos.
The team at boutique intellectual property firm Taliens largely handles transactional matters and acts for high-profile clients from a number of sectors, particularly entertainment (Paramount, Amazon Studios and the BBC) and media (Thomsons Reuters). The practice is valued for its 'inventive and pragmatic solutions'. Clara Steinitz advised Froggie Production on copyrighted cinematographic and TV productions. She heads the practice jointly with Jean-Frédéric Gaultier, who assisted a client with the negotiation and drafting of a settlement and licence agreement concerning the manufacture and sale of a product.
‘We have been working for many years with Taliens associates. Our work with them requires an extreme technicality and a great reactivity, as well as an understanding of the financial constraints of our customers and the economic impact of their analyses. Taliens helps to find inventive and pragmatic solutions and has a culture of providing solutions in complex situations.‘
‘We work with Jean-Frédéric Gaultier who brings a lot of calm and manages to bring a simple presentation to complex and technical solutions. Even more, he knows how to build daring and legally secure solutions to resolve technical difficulties.‘
Stella Mc Cartney
Burger King France
- Advised Cisco on intellectual property matters concerning the acquisition of Sentryo.
- Performed due diligence for GB Foods with respect to the sale of the Liebig business.
- Advised A&ETN on the distribution in France of copyrighted cinematographic and TV content.
In addition to its special expertise in the music industry where it acts for artists, record labels and producers, Barnett Avocats impresses with its strong knowledge of the art, architecture, design, cinema, audiovisual, luxury and fashion industries. In the advisory space, the firm helps negotiate licence agreements, whereas in the contentious arena, it defends clients against alleged infringements. 'Highly available and responsive' duo Marc-Olivier Deblanc and Charlotte Schiffer, who made partner in January 2019, jointly lead the team.
Other key lawyers:
‘This team has a perfect knowledge of the laws that concern the rights of the music industry. On Copyright as well as on moral rights, publishing, production and all that touches on the complexity of this industry. They advise perfectly and can clearly explain the ins and outs in case of choice to be made in a dispute. They have a wide international network and are able to quickly find an excellent colleague in a foreign country in case of litigation. This team is always available and very reactive in case of emergency. And the amount of their fees is not their first priority.‘
‘Marc-Olivier Deblanc and Charlotte Schiffer are both highly available and responsive. They keep themselves constantly informed of the latest case law to advise us in our best interests. And they do not run after the clock for billing their fees. Beyond a trusted professional relationship, over time, a friendly relationship has developed between us.‘
Galerie Armel Soyer
Jérôme Sans EURL
Un Plan Simple
White Panama Films
KLUTCH – Trajectoire
Gallery Jérôme Poggi
Cabinet Bouchara Avocats fields 'a totally pro-active' team, which is 'always available to respond'. The practice handles a range of litigious matters, representing clients in copyright infringement, unfair competition and parasitism cases before French courts, as well as advisory matters. In non-contentious matters, fashion company ba&sh instructed the firm to advise on strategic consulting regarding its advertising campaign with Claudia Schiffer. The team assists clients from a variety of sectors, including technology, banking and fashion. 'Excellent practitioner' Vanessa Bouchara is the key contact at the firm, along with associate Héta Sacko, who specialises in trade mark matters.
‘This is an excellent law firm, totally pro-active and always available to respond to our needs and to find the solutions that we need. They have very high skills and know our business perfectly, which is very important to us.‘
‘Vanessa Bouchara – excellent practitioner, very concerned about our needs and matters, as if they are her own, which is very appreciated! She is pro-active and it is always a pleasure working with her. Her associate Adele Maier is very good too.‘
BA & SH
PAUL & JOE
LA FRANCAISE DES JEUX
IKKS GROUP (IKKS, ONE STEP, I CODE)
LES DEUX MAGOTS
- Represented claimants Maneki and Fiso in copyright infringement, unfair competition and parasitism actions.
- Acted as consultants for a partnership with the Cannes film festival, including negotiating a contract so the client could become a Festival of Cannes Official Partner.
- Provided strategic consulting to ba&sh regarding its advertising campaign with Claudia Schiffer.
The team at Herald Avocats has expanded its practice by taking on new clients from various industries, including media (Business Insider), aviation (Eurowings), fashion, and technology (OVH), which it assists with advisory and litigious matters. Recent highlights include advising fledgling companies, among them Bone 3D, manufacturer of custom-made implants, prostheses, splints and casts for human and veterinary medicine, on the implementation of international brand strategies. The practice is jointly headed by Richard Milchior and Anne Cousin. Key names at counsel level include Juliette Félix and new arrival Jérémy Cardenas, who joined the firm from Taylor Wessing in May 2019.
- Advising Bone 3D on its worldwide brand strategy.
Herbert Smith Freehills LLP
The IP/TMT team at Herbert Smith Freehills LLP has added several new high-profile clients to its roster, as well as continuing its work for notable clients including Google, for which the team works on all contentious and non-contentious intellectual property matters. Practice head Alexandra Neri and counsel Sébastien Proust advised clients on matters including French regulations relating to online advertising, setting up a copyright licence agreement, and infringement of moral and personality rights.
Caviar et Conserves Kaspia
Huawei Technologies Company Ltd.
Hogan Lovells (Paris) LLP
Hogan Lovells (Paris) LLP, which is praised for its 'superior client service', specialises in providing intellectual property advice and assistance to clients in the media and technology sectors. Marie Aimée de Dampierre, who jointly heads the team with counsel Olivia Bernardeau-Paupe, is an 'expert in her field'. In recent work, the group handled copyright infringement cases and assisted with issues regarding the protection and the defence of intellectual property rights.
‘Superior client service, people are professional but friendly. Experts in their fields and about our business.‘
‘Olivia Bernardeau-Paupe, Marie-Aimee de Dampierre and David Taylor are all experts in their fields and immediately “cut to the chase” – they quickly understand the issue and take charge for us. They are also lovely people to work with.‘
‘Very competent, reactive, client-centric team with great expertise.‘
‘Very reactive, always with a business approach, and very solution driven.‘
KGA Avocats has expertise in matters relating to the audiovisual and cinema industry, but is also active in the technology, media and sport areas. The firm's workload includes the drafting and negotiation of national and international co-production contracts, the analysis of content of works in order to assess the risks of litigation and representation in copyright infringement proceedings. Laurent Badiane, Matthieu Bourgeois and François Klein oversee the department.
‘Profound knowledge of legal stipulations; excellent analysis of situation and development of suitable strategy for process; perfect implementation of said strategy.‘
‘Matthieu Bourgeois always responds in the right time.‘
Meridian is noted for its strength in the contentious area where the firm handles copyright disputes for architects, authors, journalists and artists. On the advisory front, it is active in the negotiation of co-publishing contracts. Vincent Vilchien has specific expertise acting for luxury fashion houses and Julien Canlorbe focuses on fashion and luxury.
‘The team is united, with one goal: to meet the needs of the client.‘
‘Small scale practice with attentive and personal relationship with the client. Always attentive and reactive to the client demands.‘
Osborne Clarke handles contentious and non-contentious intellectual property matters, where it covers a large sector spread. Claire Bouchenard, who heads the practice along with Xavier Pican and Béatrice Delmas-Linel, defended Shopdeco in a cross-border copyright infringement matter worth €60,000. She was also involved in another cross-border matter defending Esprit Europe Services and its subsidiary Esprit de Corp France against two different copyright infringement claims related to luxurious embroidery designs owned by French company Dentelle Sophie Hallette.
‘An irreproachable professionalism.‘
‘The reactivity of the team and their careful listening are essential qualities of Osborne Clarke.‘
Esprit Europe Services GmbH
Innocent France (Coca-Cola Group)
- Defended Esprit Europe Services and its subsidiary Esprit de Corp France against two different copyright infringement claims related to luxurious embroidery designs owned by French company Dentelle Sophie Hallette.
- Defending SPRD.NET against intellectual property claims made against its e-commerce platform for personalised clothing and accessories.
- Assisting HarperCollins with producing strong copyright agreements.
VARET & PRÈS AVOCATS
Led by copyright specialist Vincent Varet and Jérôme Passa, PASSA VARET Avocats provides an extensive range of services, from legal advice and copyright-related contract drafting to litigation, for instance in infringement proceedings relating to book publishing.
Schmidt Brunet Litzler
Clients value the team at Schmidt Brunet Litzler for its 'excellent legal and commercial knowledge, as well as its great creativity'. The firm has recently taken on multiple new clients from the investment, beverages and media sectors, and continues to work with longstanding clients, including notable names Dermatologic Skincare Solutions and Concept Footwear Solutions. In recent highlights, the group acted for Swarovski in criminal complaint proceedings following the sale of fake pens using its design. 'Passionate and engaged advocate' Delphine Brunet-Stoclet is noted for her 'very active and practical approach' and her 'pragmatic and commercial advice'. Senior associate Marie André-Nivet is also a key name.
‘Delphine Brunet-Stoclet – understood the commercial aspects of this labour law dispute and offered pragmatic and commercial advice.‘
‘Reactive and available.‘
‘The firm handles complex IP litigation with excellent legal and commercial knowledge, as well as great creativity. And the engagement with and advocacy for clients is outstanding.‘
‘Delphine Brunet-Stoclet is the most passionate and engaged advocate I have worked with in France.‘
‘Delphine Brunet-Stoclet has a very active and practical approach.‘
Morgan Motors Company
Vasgos – Oddo
Dermatologic Skincare Solutions
Concept Footwear Solutions
- Representing Swarovski in criminal complaint proceedings following the sale of fake pens using the clients’ design.
- Representing Dermatologic Skincare Solutions, as the claimant, in unfair competition proceedings.
Sabine Lipovetsky, Fabrice Perbost and Dominique Mallo head the intellectual property team at Harlay Avocats. The team assists clients from a wide range of sectors, and counts among these the company in charge of operating the Eiffel tower and Airbnb, although its particular focus is on the hi-tech, biotech and pharmaceutical sectors. Matters handled include drafting and negotiating contracts for projects, defending in copyright infringement cases, and setting up a defence strategy in order to demonstrate copyright infringement.
Airbnb, Inc. and Airbnb France SARL
SOCIÉTÉ D’EXPLOITATION DE LA TOUR EIFFEL (SETE) (Company in charge of operating the Eiffel tower)
K&L Gates LLP
K&L Gates LLP handles contentious and advisory matters for clients in a range of sectors, focusing particularly on telecoms and e-commerce. Claude-Etienne Armingaud led a team which defended Priska Pasquer, a German gallery which is internationally renowned for the distribution of photographic work, in an alleged fine art photograph infringement case. Etienne Drouard is defending IES Auto against allegations of unfair competition and copyright infringement through the implementation of back-links in several proceedings pending before the French commercial courts.
Priska Pasquer Gallery
Nous – Concept Store
Institut Catholique de Paris
- Defended Priska Pasquer, a German gallery which is internationally renowned for the distribution of photographic work, in a copyright infringement case.
- Assisted Renzo Piano with the implementation of a contractual framework for the assignment of intellectual property rights.
- Drafted a publishing and intellectual property rights assignment agreement for Yuen Kent, a comic book artist from Hong Kong who is involved in a publishing project in France.