Employment status of Directors

A Director of a French Company is not generally held to be an employee in that particular capacity, instead he or she is held to be solely an officer of the company. Particular attention should be paid to terminology, for example in legal terms the French word ‘Directeur’ is not a translation of ‘Director’ in the … Read more

Formation of a French company

There are numerous types of company structure which are provided for by French Law, however today the great majority of trading entities in France have taken the form either of a Société Anonyme (S.A.) or a Société à Responsabilité Limitée (S.A.R.L.). Though, the relatively newly introduced Société par Actions simplifiée (S.A.S.) is finding favour  with a number of foreign, particularly … Read more

Class-action lawsuits in France

Introduction On the 13th of September 2013, the Senate adopted a bill on consumption which will bring some changes in consumption law. The bill’s main provision that the French government is set to consider American-style “class-action” lawsuits and would be a first for France. Collective lawsuits originated in the United States and are still predominantly a … Read more

Commercial lease transfer

The commercial lease transfer is understood as a transmission usually against payment, from the assignor (the tenant), including its rights and obligations, to an assignee (a third party), who will substitute the tenant. Different transfer categories Any deed stipulating that commercial lease should be transferred to a third party is a lease sale. It is the case when, for … Read more

Commercial lease termination

The commercial lease termination can stemmed from several situations. Indeed, it could arise from the common consent of the parties, from the material destruction of the real estate leased, or from the implementation of a cancellation clause. Termination by a mutual agreement One party could unilaterally terminate the commercial lease using the lease leave. Moreover, … Read more

Trademark

In 2008, the Industrial Property National Institure (INPI) noticed a sudden decrease concerning the application of the trademark titles. In 2009, in spite of the crisis, the INPI noted an important increase of the claims by the small and medium-sized enterprises, due to the step simplification such as the trademark’s registration on line. Condition In … Read more

IP Strategy

Business and patent portfolio goals Starting in the development phase, the patent strategy identifies the key business goals of the company. Clear business goals provide a long-term blueprint to guide the development of a valuable patent portfolio. In particular, the company should : list the business, technology, and product goals for the company; identify key … Read more

The INPI (French P.T.O)

The Patent and Trademark National Office (the “INPI”) is a public establishment in charge of delivering patents, marks and patterns. In that regard, the INPI helps the applicant for all the steps required. The INPI welcomes and informs any inventor, whether there are individual or commercial entity. Creation’s protection can be done by different services and … Read more

Patent’s Law

Patent conditions In order to obtain a patent, the invention must be a new one, vesting an inventive activity and likely to be the object of an industrial application (article L. 611-10, 1°, Code de Propriété Industrielle). “Invention” is not expressly defined by the French law and tends to be understood as a technical term, the … Read more

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