The JP Karsenty & Associés Intellectual Property Newsletter, November 2024 written by Pierre Trusson reviews the following news:
PARASITISM : French Supreme Court clarifies the notion of “individualized economic value” to be proved by the victim.
In two judgments issued on the same day, the French Supreme Court reiterates that, in matters of parasitism, the claimant must identify both the individualized economic value invoked and the defendant’s intention to follow in his footsteps.
Above all, it clarifies the definition of the individualized economic value by emphasizing that “the search for a cost saving to the detriment of a competitor is not inherently wrongful”, reinforcing claimant’s burden of proof.
Our FOCUS IP reviews these two judgements, which use concrete examples to illustrate what individualised economic value consists of.
Read the full newsletter:
English: Newsletter, November 2024, Intellectual Property
Français: Newsletter, Novembre 2024, Propriete Intellectuelle
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