FRANCE Law and Practice Contributed by: Vanessa Bouchara, Adèle Maier and Louise Lacroix, Cabinet Bouchara
3.7 Copyright Registration Under French copyright law, protection is automati - cally awarded to original works upon the creation of the work, without any formality or notices or symbols. There is therefore no public list or registry of protected works in France. 3.8 Copyright Application Requirements There is no applicable information in this jurisdiction. 3.9 Refusal of Registration There is no applicable information in this jurisdiction. 3.10 Related Rights A copyright can also be protected by a trade mark, for example where the copyrighted work is a logo or a slogan (or even a sound, since trade marks can now be audio files as long as they are distinctive and ensure the essential function of a trade mark). It can also be protected by related rights such as design rights when the copyrighted work is a garment or a drawing, for example. The French principle is that a trade mark cannot be protected merely by virtue of its use. Registration is the only way to benefit from trade mark rights. How - ever, the use of a sign in the course of a commercial activity can result in two main situations. The first situation involves unregistered well-known signs, under Article 6bis of the Paris Convention, although the case law is very strict on applying this concept. The sign may enjoy trade mark protection without registration provided that it has acquired a strong reputation among French consumers, and that these consumers spontaneously associate this sign with the goods and services for which it is used. The second situation is the acquisition of distinctive - ness through use (Article L.711-2 of the French Intel - lectual Property Code). In this case, intensive use, 4. Trade Mark Registrations and Applications 4.1 Trade Mark Registration
for their benefit, whether under legal provisions or a contract. As a matter of principle, the French system allows the existence of several collecting societies, but there is only one collecting society for each type of work. They mainly manage music and video. These societies can only manage economic rights. The role of collecting societies is to manage copy - rights or related rights on behalf of several right-hold - ers for their collective benefit. Collecting societies are required to prepare and make public an annual transparency report, including a spe - cial report on the use of amounts deducted for the purpose of providing social, cultural or educational services, resulting from the management of rights under a legal licence or compulsory collective man - agement. In addition, these companies must compile an elec - tronic database of the amount, use and name of the beneficiaries of cultural actions. Collecting societies must also publish updated infor - mation on their websites, including their status, the general regulations, standard contracts and tariffs, the list of members of their management, administrative and management bodies, the policy for the distribu - tion of sums due to right-holders, the list of repre - sentation agreements and their signatories, the policy for the management of undistributable sums, and the procedures for handling consents and disputes. At least once a year, they must make information relat - ing to their management available to each of the right- holders to whom they have allocated or paid income from the operation of their rights during the previous financial year. In addition, upon request they must communicate the works or other protected objects they represent, the rights they manage (directly or under a representation agreement) and the territories covered.
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