FRANCE Law and Practice Contributed by: Véronique Millischer, Léna Sersiron, Eléonore d’Anthonay, Guillaume Nataf, Olivia Chriqui-Guiot, Pauline Celeyron, Damien Berruyer and Nella Picou, Baker McKenzie Paris
Registration Process There is no copyright registration in France. Rights arise automatically from creation. In practice, authors or right holders may use evidence-preservation tools, such as deposits with a bailiff/commissioner of justice, the INPI e-Soleau envelope or trusted timestamping, to evidence the date and content of a work, but these Copyright owners may act against unauthorised reproduction, representation or adaptation of their works and/or in case of infringement of their moral rights. Remedies include injunctions, seizure of evi - dence, damages, withdrawal, recall or destruction of infringing copies, publication of the judgment, and criminal sanctions in appropriate cases. 7.5 Others Software Computer programs are protected by copyright as literary works, provided that they are original. Pro - tection notably covers the source code, object code and preparatory design material, but not the ideas or principles underlying the program. In France, the economic rights in software created by employees in the performance of their duties are, unless otherwise agreed, vested in the employer. Databases are not constitutive of rights. Enforcement and Remedies Databases may benefit from copyright protection where the selection or arrangement of their contents is original. In addition, the database producer may benefit from a sui generis right where there has been a substantial investment in obtaining, verifying or pre - senting the contents. The sui generis right generally lasts 15 years from completion or from the database being made available to the public, subject to renewal where a substantial new investment is made. Trade Secrets and Know-How Trade secrets are protected where information is not generally known or readily accessible, has commercial value because it is secret, and has been subject to reasonable protective measures by its lawful holder. Protection does not require registration and lasts as long as these conditions remain satisfied.
EU level, an unregistered design is protected for three years from the date on which it was first made avail - able to the public within the EU. Registration Process A French design application is filed with the INPI and must identify the applicant, the product indication and reproductions of the design. The INPI conducts a formal examination and publishes the registration, subject to possible deferment of publication. Protection may also be obtained by filing an EU reg - istered design with the EUIPO or through an inter - national design registration under the Hague system with the WIPO. Enforcement and Remedies A design owner may bring infringement proceedings against unauthorised making, offering, placing on the market, importing, exporting, using or stocking of products incorporating the protected design. Available remedies include injunctions, seizure of evidence ( saisie - contrefaçon ), damages, recall or destruction of infringing goods, and publication of the decision. Customs measures and criminal sanctions may also be available in appropriate cases. 7.4 Copyright Definition Copyright protects original works of the mind, what - ever their genre, form of expression, merit or purpose, including literary, artistic, musical, audiovisual, graph - ic and software works. Provided that it is original (ie, it bears the author’s footprint) and expressed in a form (ie, ideas and concepts are not eligible for copyright protection), the work is protected from the date of its creation. Length of Protection Economic rights last for the life of the author plus 70 years after death. Moral rights (eg, right of paternity, right of integrity) are perpetual, inalienable and impre - scriptible under French law. Specific rules apply to collaborative works, collective works, audiovisual works, posthumous works and related rights.
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