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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
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