Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).
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Category: IP Insights
JP Karsenty & Associés IP Newsletter, January 2026
The JP Karsenty & Associés Intellectual Property Newsletter, January 2026 written by Pierre Trusson, with assistance from Beryl Boyer, reviews the following news.
Database: Sanction for “scraping” an ad website due to a demonstrated loss of traffic
In a recent judgment, the Cour de cassation confirms the possibility of sanctioning the practice of “webscraping” on the basis of sui generis law.
It also recalls, on the one hand, the criteria for a database to benefit from protection under the sui generis right, and on the other hand, the evidence to be provided to prohibit the extraction of data, including in particular the risk of undermining the amortisation of the investments of the producer of the database.
Our Focus IP goes into detail on this decision and identifies the elements that must be reported by a company to benefit from the protection of its database.
Read the full newsletter:
English: Newsletter, January 2026, Intellectual Property
Français: Newsletter, Janvier 2026, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
IP Newsletter January
Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).
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JP Karsenty & Associés IP Newsletter, December 2025
The JP Karsenty & Associés Intellectual Property Newsletter, December 2025 written by Pierre Trusson, with assistance from Beryl Boyer, reviews the following news.
COPYRIGHT: The requirement in summary proceedings to prove the originality of works in the event of a dispute
In a recent decision, the Paris Court of Appeal recalled that at the summary stage, it is up to the plaintiff to demonstrate the originality of his work as soon as it is contested by the opposing party, in particular by explaining “the artistic choices or the creative process that would have presided over the writing of these articles illustrated with photographs”, a “summary and purely objective description” is not sufficient.
It also held that when an action is based on copyright infringement, the mere invocation, on the basis of damage, of a risk of damage to image or reputation, does not justify a reclassification as a defamation action under the Law of 29 July 1881.
Our IP Focus goes into detail about this decision and the need to be attentive and vigilant in describing originality.
Read the full newsletter:
English: Newsletter, December 2025, Intellectual Property
Français: Newsletter, Decembre 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
IP Newsletter November
Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).
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IP Newsletter October
Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).
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JP Karsenty & Associés IP Newsletter, October 2025
The JP Karsenty & Associés Intellectual Property Newsletter, October 2025 written by Pierre Trusson, with assistance from Béryl Boyer, reviews the following news.
DISPARAGEMENT: Sanction of the letter of formal notice sent by the IP right holder to resellers to inform them of a “possible infringement”.
In this judgment, the Cour de cassation held that information sent by a copyright holder to third parties on the existence of a “possible infringement of its own products and acts likely to fall within the scope of unfair and parasitic competition” constitutes an act of disparagement when it is not based on a prior court decision.
Therefore, the Court of Cassation sanctioned the sending of a letter of formal notice containing the indication that the marketing of the disputed products was “likely to constitute an act of copyright infringement” or that such acts of sale are “at the very least, likely to be qualified as an act of unfair and parasitic competition”.
FOCUS IP goes into detail about this shutdown and the need to be particularly careful.
Read the full newsletter:
English: Newsletter, October 2025, Intellectual Property
Français: Newsletter, Octobre 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
Boyanov & Co Insights into the EU Data Act: What Businesses in Bulgaria Need to Know
The EU Data Act (Regulation (EU) 2023/2854) became fully applicable on 12 September 2025, introducing far-reaching rules on data access and use across the EU. Its impact extends well beyond technology companies and will affect many businesses operating in Bulgaria: from manufacturers of connected products to service providers and users of cloud solutions.
The latest article of BOYANOV & Co. provides a practical overview of the Data Act, highlighting its most significant obligations and their implications for Bulgarian businesses. It also outlines steps companies should take now to ensure compliance.
Access the full article – What Businesses in Bulgaria Need to Know
See more about Boyanov & Co.
IP Newsletter September
Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).
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JP Karsenty & Associés IP Newsletter, September 2025
The JP Karsenty & Associés Intellectual Property Newsletter, September 2025 written by Pierre Trusson, with assistance from Perrine Vincent, reviews the following news.
INFRINGEMENT: Recognition of trade secrets by the Paris Judicial Court in the presence of collection plans and purchase invoices.
In the context of an interim retraction following an infringement seizure, the Court conducted a careful examination to determine whether certain seized documents could benefit from the trade secret regime provided for in Article L.151-1 of the French Commercial Code.
Each criterion provided for in the said article – secrecy, protective measure, commercial value – is then verified with regard to the information contained in the documents seized (purchase volume, supplier, purchase price, etc.).
The result is the establishment of a confidentiality circle organizing the delivery and consultation of partially redacted documents.
Our FOCUS IP looks back in detail on this judgment and the examination conducted by the Court with regard to the documents apprehended.
Read the full newsletter:
English: Newsletter, September 2025, Intellectual Property
Français: Newsletter, Septembre 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.