Saisie-contrefaçon
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Saisie-contrefaçon
Under French law, the ''saisie-contrefaçon'' is a means of proof of the infringement and, more generally, any violation of an intellectual property right. This procedure permits the holder of the intellectual property right, upon receiving the authorisation of a judge, to call upon a bailiff (in certain cases, a police commissioner or a judge) to record an infringement. In France, the ''saisie-contrefaçon'' is one of the most widely used means of obtaining evidence of the existence and extent of an infringement of intellectual property rights. One of the means of proof of the infringement The infringement of intellectual property rights is a legal fact and, as such, any means may be used to provide evidence thereof. Therefore, evidence may be provided using all the means of proof permitted by civil law (or by criminal law if the proceedings are initiated before a criminal court), such as witness statements, presumptions, bailiff reports and expert investigations, but also by ...
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Intellectual Property Infringement
An intellectual property (IP) infringement is the infringement or violation of an intellectual property right. There are several types of intellectual property rights, such as copyrights, patents, trademarks, industrial designs, plant breeders rights and trade secrets. Therefore, an intellectual property infringement may for instance be one of the following: * Copyright infringement, encompassing for example a software copyright infringement * Patent infringement * Trademark infringement * Design infringement * Cybersquatting * Biopiracy Identifying infringement Techniques to detect (or deter) intellectual property infringement include: * Fictitious entry, such as: ** Fictitious dictionary entry. An example is '' Esquivalience'' included in the New Oxford American Dictionary (NOAD) ** Trap street, a fictitious street included on a map for the purpose of "trapping" potential copyright violators of the map * Watermarking Designing around a patent can sometimes be a way ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive legal right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States and fair dealings doctrine in the United Kingdom. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights normally include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by ...
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Belgium
Belgium, officially the Kingdom of Belgium, is a country in Northwestern Europe. Situated in a coastal lowland region known as the Low Countries, it is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to the south, and the North Sea to the west. Belgium covers an area of and has a population of more than 11.8 million; its population density of ranks List of countries and dependencies by population density, 22nd in the world and Area and population of European countries, sixth in Europe. The capital and Metropolitan areas in Belgium, largest metropolitan region is City of Brussels, Brussels; other major cities are Antwerp, Ghent, Charleroi, Liège, Bruges, Namur, and Leuven. Belgium is a parliamentary system, parliamentary constitutional monarchy with a complex Federation, federal system structured on regional and linguistic grounds. The country is divided into three highly autonomous Communities, regions and language areas o ...
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Directive No
Directive may refer to: * Directive (European Union), a legislative act of the European Union * Directive (programming), a computer language construct that specifies how a compiler should process input * "Directive" (poem), a poem by Robert Frost * Directive speech act, a particular kind of speech act which causes the hearer to take a particular action * Lative case, a grammatical case that indicates direction See also * * Direction (other) Direction may refer to: *Body relative direction, for instance left, right, forward, backwards, up, and down ** Anatomical terms of location for those used in anatomy ** List of ship directions *Cardinal direction *Bearing (navigation) Mathema ...
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Law Of France
French law has a dual jurisdictional system comprising private law (), also known as judicial law, and public law (). Judicial law includes, in particular: * () * Criminal law () Public law includes, in particular: * Administrative law () * () Together, in practical terms, these four areas of law (civil, criminal, administrative and constitutional) constitute the major part of French law. The announcement in November 2005 by the European Commission that, on the basis of powers recognised in a recent European Court of Justice ("ECJ") ruling, it intends to create a dozen or so European Union ("EU") criminal offences suggests that one should also now consider EU law (" droit communautaire", sometimes referred to, less accurately, as " droit européen") as a new and distinct area of law in France (akin to the "federal laws" that apply across States of the US, on top of their own State law), and not simply a group of rules which influence the content of France's civil, crim ...
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Author’s Rights
"Authors' rights" is a term frequently used in connection with laws about intellectual property. The term is considered as a direct translation of the French term (also German ). It was first (1777) promoted in France by Pierre-Augustin Caron de Beaumarchais, who had close relations with Benjamin Franklin. It is generally used in relation to the copyright laws of civil law countries and in European Union law. Authors' rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties. "Author" is used in a very wide sense, and includes composers, artists, sculptors and even architects: in general, the author is the person whose creativity led to the protected work being created, although the exact definition varies from country to country. Authors' rights have two distinct components: the economic rights in the work and the moral rights of the author. The economic rights are a property right which is l ...
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Report
A report is a document or a statement that presents information in an organized format for a specific audience and purpose. Although summaries of reports may be delivered orally, complete reports are usually given in the form of written documents. Typically reports relay information that was found or observed. The credible report enhances the previous beliefs while dishonest information can question the agency preparing the report. Reports from IPCC as IPCC reports, World Health Report and Global Gender Gap Report from World Economic Forums are few examples of reports highlighting important worldly affairs. Usage In modern business scenario, reports play a major role in the progress of business. Reports are the backbone to the thinking process of the establishment and they are responsible, to a great extent, in evolving an efficient or inefficient work environment. The significance of the reports includes: * Reports present adequate information on various aspects of the b ...
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Police
The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order as well as the public itself. This commonly includes ensuring the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers encompass arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the Law enforcement agency powers, police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usua ...
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Expert
An expert is somebody who has a broad and deep understanding and competence in terms of knowledge, skill and experience through practice and education in a particular field or area of study. Informally, an expert is someone widely recognized as a reliable source of technique or skill whose faculty for judging or deciding rightly, justly, or wisely is accorded authority and status by peers or the public in a specific well-distinguished domain. An expert, more generally, is a person with extensive knowledge or ability based on research, experience, or occupation and in a particular area of study. Experts are called in for advice on their respective subject, but they do not always agree on the particulars of a field of study. An expert can be believed, by virtue of credentials, training, education, profession, publication or experience, to have special knowledge of a subject beyond that of the average person, sufficient that others may officially (and expert witness, legally) re ...
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Licensee
A licensee can mean the holder of a license or, in U.S. tort law, is a person who is on the property of another, despite the fact that the property is not open to the general public, because the owner of the property has allowed the licensee to enter. The status of a visitor as a licensee (as opposed to a trespasser or an invitee) defines the legal rights of the visitor if they are injured due to the negligence of the property possessor (not necessarily the owner). Where licensees are present, activities conducted on the land by or at the behest of the owner of the land must be conducted with the care that a prudent person would show. A duty to warn arises if there is a harmful condition on the land that is hidden from the licensee, so long as the landowner knows of this condition. The licensee falls between the anticipated or discovered trespasser and the invitee on the sliding scale of tort liability assessed to landowners. Whereas the anticipated trespasser needs to be protec ...
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Confidentiality
Confidentiality involves a set of rules or a promise sometimes executed through confidentiality agreements that limits the access to or places restrictions on the distribution of certain types of information. Legal confidentiality By law, lawyers are often required to keep confidential anything on the representation of a client. The duty of confidentiality is much broader than the attorney–client evidentiary privilege, which only covers ''communications'' between the attorney and the client. Both the privilege and the duty serve the purpose of encouraging clients to speak frankly about their cases. This way, lawyers can carry out their duty to provide clients with zealous representation. Otherwise, the opposing side may be able to surprise the lawyer in court with something he did not know about his client, which may weaken the client's position. Also, a distrustful client might hide a relevant fact he thinks is incriminating, but that a skilled lawyer could turn to the cl ...
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Trade Secret
A trade secret is a form of intellectual property (IP) comprising confidential information that is not generally known or readily ascertainable, derives economic value from its secrecy, and is protected by reasonable efforts to maintain its confidentiality. Well-known examples include the Coca-Cola formula and the recipe for KFC Original Recipe, Kentucky Fried Chicken. Unlike other forms of IP, trade secrets do not require formal registration and can be protected indefinitely, as long as they remain undisclosed. Instead, Non-disclosure agreement, non-disclosure agreements (NDAs), among other measures, are commonly used to keep the information secret. Like other IP assets, trade secrets may be sold or licensed. Unauthorized acquisition, use, or disclosure of a trade secret by others in a manner contrary to honest commercial practices is considered misappropriation of the trade secret. If trade secret Misappropriation of assets, misappropriation happens, the trade secret holder ...
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