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, July 2025
The JP Karsenty & Associés Intellectual Property Newsletter, July 2025 written by Pierre Trusson, with assistance from Beryl Boyer, reviews the following news:
EVIN LAW – Sanction of a competition conditional on the purchase of alcoholic beverages for excessive incitement to consumption.
Competitions are likely to be qualified as illegal advertising when they condition participation in the purchase of a significant quantity of alcoholic beverages, in this case 12 bottles of beer, even in the absence of staging or value-added terms.
In a recent decision, the Paris Judicial Court condemned a company that published a competition on a major retailer’s website that offered Internet users the chance to win a refund for their groceries, on the condition that they buy at least two products from the 1664 beer brand, i.e. at least 12 bottles of 25 cl.
Focus IP reviews in detail on this judgment and the facts that led to a conviction.
Read the full newsletter:
English: Newsletter, July 2025, Intellectual Property
Français: Newsletter, Juillet 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
Rucellai & Raffaelli: Insight into the Protection of the ‘Testarossa’ Trademark
On 2 July 2025, the General Court of the European Union ruled in favour of Ferrari in the proceedings concerning the “Testarossa” trademark, annulling the decisions by which the EUIPO had declared the trademark invalid for non-use. The EUIPO had indeed found that Ferrari had not made genuine use of the trademark between 2010 and 2015 for goods such as automobiles, spare parts, accessories, and scale models. However, the Court reached a different conclusion.
The Court recognized that, although production of the “Testarossa” automobiles ceased in 1996, Ferrari continued to use the trademark, notably through the sale of used vehicles by authorized dealers and distributors. In these instances, the use of the trademark was deemed valid, even if carried out by third parties, as it occurred with Ferrari’s implied consent, which, inter alia, provided an official vehicle certification service.
The same reasoning applies to spare parts and accessories, which were also distributed by entities connected to Ferrari and subject to the company’s control and certification activities.
With regard to scale models, the Court clarified that trademark use by third parties is lawful insofar as it serves solely to indicate that the models are faithful reproductions of the original vehicle. In any event, it was established that many such products bore the statement “official product under license from Ferrari,” confirming authorized use of the trademark.
In essence, Ferrari demonstrated that it never abandoned the “Testarossa” trademark, and the Court acknowledged the validity of genuine use, even if it differed from the direct sale of new models.
See more articles from our Italian member firm Rucellai & Raffaelli.
Philippe & Partners: EU Directive 2025/25 Modernises Business Processes in Belgium and the EU
The European Directive 2025/25 foreshadows a digital and more transparent future for company law. It simplifies the creation and management of companies and encourages cross-border cooperation. Belgium must transpose the directive into national law by 2027.
Digitalisation and transparency at the heart of the new regulation
On 30 January 2025, the European Directive 2025/25 came into force. This new measure aims to thoroughly modernise company law in the European Union, with a clear focus on digitalisation, transparency and cross-border cooperation. This directive also makes sweeping changes for the general partnership (or better known as the SNC), as well as the limited partnership (“SComm”).
Belgium must transpose the Directive into national law by 31 July 2027, with the exception of a limited number of articles for which the transposition deadline has been extended until 1 August 2029. From 1 August 2028, the rules must be applied in practice.
Digital creation and recording become the norm
One of the most notable changes is the ability to create fully digital companies. Formation, registration in the Belgian Official Gazette and changes in the Crossroads Bank for Enterprises (CBE) can be done via a standardised digital platform. This should reduce the administrative burden and speed up the implementation times.
Once the Directive has been transposed, companies will be required to notify any changes to their data or articles of association within 15 working days. Exceeding this deadline may result in sanctions.
EU Business Certificate and Digital Power of Attorney
The Directive also introduces two innovative tools:
- The EU company certificate: a uniform digital proof of a company’s registration and legal validity, valid in all member states.
- The EU digital power of attorney: Entrepreneurs can now digitally authorize someone to represent them legally in the event of cross-border company incorporation or mergers, for example.
These tools are intended to reduce barriers to international expansion, especially for SMEs looking to operate in other EU countries.
Increased transparency and control possibilities
In addition, the Directive requires companies with consolidated accounts to disclose their group structure – including the ultimate parent company – through the ECB. This measure strengthens the fight against money laundering and tax evasion.
In addition, the incorporation or amendment of the articles of association of certain types of companies, such as general partnerships (SNC) and limited partnerships (SComm), will now have to be subject to a legality review by a competent body (notary, court or administration). However, at this time, it is not yet clear how this revision will materialize.
Impact on Belgian companies
Although most of the provisions will only come into force once the directive has been transposed into Belgian law, entrepreneurs are already advised to prepare for this digital change. Legal software vendors and accounting firms have already begun to develop tools to guide their clients in this area.
With this directive, the European Commission hopes to strengthen the competitiveness of the single market by removing administrative barriers and increasing investor confidence.
See more articles from our member firm in Belgium, Philippe & Partners.
IP Newsletter July 2025
Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).
Download now
JP Karsenty & Associés IP Newsletter, July 2025
The JP Karsenty & Associés Intellectual Property Newsletter, July 2025 written by Pierre Trusson, with assistance from Yanis Ben Smail, reviews the following news:
FIGHT AGAINST COUNTERFEITING – Validity of the cumulation of penalties of criminal fines and civil compensation applied proportionately
Before the criminal courts, the judge may impose a criminal fine and add the confiscation of the winnings as well as the award of damages to the holder of intellectual property rights who is a civil party to the proceedings, in compensation for his prejudice, without this necessarily entailing a disproportionate penalty.
In a recent ruling, the Cour de cassation validated sentences of up to 3 years in prison, a fine of 400,000 euros and more than €600,000 in damages for quantities of 315 counterfeit handbags.
Focus IP reviews in detail this decision and the strategy of option between criminal and civil means available to any intellectual property rights holder.
Read the full newsletter:
English: Newsletter, July 2025, Intellectual Property
Français: Newsletter, Juillet 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
IP Newsletter June 2025
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, June 2025
The JP Karsenty & Associés Intellectual Property Newsletter, June 2025 written by Pierre Trusson, with assistance from Marie Mauduech, reviews the following news:
DESIGNS – The exception of disclosure applies when the earlier design produces the same overall impression as the registered design
Disclosure prior to the registration of a design may compromise its novelty or distinctive character, unless it falls within the disclosure exception. This exception allows prior disclosure to be disregarded if it meets two conditions:
(i) be performed by the creator or under his or her instructions;
(ii) have occurred within 12 months prior to the date of filing of the application for registration.
In a recent ruling, the EU General Court reaffirms that this exception may apply as soon as the previously disclosed design produces the same overall impression as the registered design, without requiring that they be strictly identical.
Focus IP reviews in details this ruling and gives you the key explanations.
Read the full newsletter:
English: Newsletter, June 2025, Intellectual Property
Français: Newsletter, Juin 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
JP Karsenty & Associés IP Newsletter, May 2025
The JP Karsenty & Associés Intellectual Property Newsletter, May 2025 written by Pierre Trusson, with assistance from Justin Ramet, reviews the following news:
Copyright: Jurisdiction of the administrative court in place of the Judicial court to order repair on an artwork in the public domain
In a recent ruling, the Paris court of appeal endorses a precedent established by the French Court of conflicts (Tribunal des conflits), stating that when an infringement of copyright is claimed as a result of alterations made to a public artwork, the judicial court has jurisdiction only to rule on the existence of a violation of moral rights and any potential damages.
However, the administrative court has jurisdiction to order work to be carried out on the artwork (repair, moving…).
Focus IP reviews in details this ruling and gives you the key explanations to update your practice.
Read the full newsletter:
English: Newsletter, May 2025, Intellectual Property
Français: Newsletter, Mai 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.
JP Karsenty & Associés IP Newsletter, April 2025
The JP Karsenty & Associés Intellectual Property Newsletter, April 2025 written by Pierre Trusson, with assistance from Yanis Ben Smail, reviews the following news:
Validation of the data scraping of the leboncoin website, despite recognised significant investment.
In a recent ruling, the Court makes an enlightening assessment of the evidence required to demonstrate substantial investment in a database, which is a essential criteria for obtaining protection under the sui generis right.
Despite the successful demonstration of the investments made by the claimant for the recognition of the protection of its database, the Court finally ruled out any infringement on the grounds that the competing service contributes to a better structuring of the information and provides added value. The Court thus validated the competitor’s repeated and massive extraction of ads from the Leboncoin website.
Focus IP reviews in detail this judgement and gives you the key explanations to update your practice.
Read the full newsletter:
English: Newsletter, April 2025, Intellectual Property
Français: Newsletter, Avril 2025, Propriete Intellectuelle
See more information on French member firm JP Karsenty.