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Works by the Greffe Law Firm

The members of the Greffe Law Firm have written several books which are an authority in the field of intellectual property and advertising. They also publish articles on doctrine in various specialised journals.

Design law Treatise (9th edition)

François GREFFE et Pierre GREFFE (LexisNexis)

The Greffe law firm is pleased to inform you of the publication by LexisNexis of the 9th edition of the Design law Treatise.

The 9th edition was published on May 5th 2014.

The 9th edition of the Design law Treatise is divided into two parts: one concerning the domestic protection and the other one dealing with the international protection. Title I of Book I is an in-depth study of the protection criterias, namely the expected originality of the creation, its novelty and its individual character. The authors underline that since the Regulation of December 12th 2001 and the implementation of the Directive of October 13th 1998 by the regulation of July 25th 2001, the case law, which is analyzed in the book, might be turning towards a cumulation of books I and V of the IPC. The authors demonstrate that the criteria of the multiplicity of forms was abandoned. Title II is dedicated to the assignment and licensing of the copyright, to the rights of legal persons and the definition of the collective work regarding the recent Cour de cassation case law. Title III deals with the infringement liability and with the prejudice assessment rules.

The clauses of the law dated March 11th 2014 reinforcing the fight against infringement are analysed.

Book II deals with Community law, European laws, Swiss law and American law.

Christophe GEIGER, General Director of the International Intellectual Property Centre writes: “the great quality of this massive work relies on an absolute knowledge of design law, thanks to a rich and abundant practice. The work is very singular in the French, European and even international environment. Not only it gives a detailed framework of French law and European law, but it also presents in depth the laws of countries such as Switzerland, the United States, and some Latin American countries… This 9th edition presents all the necessary elements to fully understand the design law practice, incorporating, on top of European and international laws, comparative law. This is a remarkable and precious contribution since some national regimes are very different from French law, particularly because they are traditionally less welcoming regarding the theory of the unity of art”.

The book was rewarded by the Académie des Beaux-Arts. It is the only legal manual dealing with the design protection. It has 1041 pages.


Traité des dessins et des modèles (Treatise on designs)

François GREFFE et Pierre GREFFE (Litec)

The 8th edition of this 1,052-page book published in May 2008 -the 4th edition of which was rewarded by the Académie des Beaux-Arts- is prefaced by Professor Yves Reboul, Director General of the International Intellectual Property Centre who wrote in particular:

“The authors, who are Lawyers at the Bar of Paris, need no introduction. Their reputation in design and advertising law has made them key figures in professional spheres encompassing all sectors of economic activity in which French know-how applies, in traditional trade arts, but also in industry in general, where a company’s image, or “design”, is becoming decisive to conquer international markets.

Like trademarks, designs were long considered “peripheral” branches of industrial property, mainly intended to promote the sale of industrial products, clothing and finery. They have greatly contributed to the impressive development of this branch of law as a result of the prevalence of intangible property in companies’ assets.

It is a contemporary fact that the innovation chain leading to the knowledge economy is no longer limited to invention-generating R&D, but aims to introduce new economic values by implementing intellectual activity in the process of selling goods or services offered by businesses to consumers.

……………

It is not excessive to say that the Traité des Dessins et des Modèles by François and Pierre Greffe who teach this subject at the Centre d’Etudes Internationales de la Propriété Intellectuelle of the University of Strasbourg, is a true encyclopaedia of design law contributing to the outreach of both French law and the French language throughout the world”.

I should highlight that this book, the first edition of which was published in 1933, not only addresses French law, but also the protection of designs in each European Union Member State, in Switzerland and on the American continent”.


La publicité et la loi (Advertising and the Law)

François GREFFE et Pierre GREFFE (Litec)

The 11th edition of this book published in May 2009 (1,300 pages), with a preface by Maurice Levy, particularly addresses relationships between advertising consultancies and advertisers (contractual relationships between advertisers and advertising agencies), copyright on artistic advertising and the issue of who the rights of the agency or advertisers belong to, the protection of slogans, the liability of advertising agencies in the event of infringement, the protection of photographic works, a model’s publicity right, unfair competition and misleading commercial practices (misleading advertising and consumer protection), the advertising idea, comparative advertising, and the right of criticism. The work also includes a number of chapters dedicated to specific regulations such as advertisement promotions, advertising by prices, regulation of advertising for alcoholic beverages, tobacco control, advertising for pharmaceutical products, use of the French language, the use of children under the age of 18 in advertising messages, audiovisual advertising, advertising by signs, forced sale, election advertising, etc. It further includes a chapter on regulation in each European Union Member State and Switzerland.

The 5th edition of this book was rewarded by the Académie des Sciences Morales et Politiques. In his preface, Maurice Levy wrote:

“But the merit of this book does not stem solely from the fact that it provides precise answers to points of law. To me, it is a bible and essential reading for every student and young professional tackling the area of advertising or any person interested in it. But beyond that, it teaches us two main things. By scrupulously tracing changes to regulations, voluntary compliance and case law, it also demonstrates the fundamental trends that have marked the past decades, and even predicts future concerns in regulatory matters. As the book explains the legislation applicable in the many European countries, the reader discovers that in spite of the necessary unification of European legislation, substantial differences remain in the regulation of advertising which reveal varying concerns and sensitivities”.

This work, which was first published in 1965, is the only existing treatise on communication and advertising law.


La protection du Design (Design protection)

François GREFFE (Editions Européennes du Design)

This 300-page work was published in 1992 under the supervision of François Greffe. It focuses on “the protection of design in France, in the EU Member States and in Switzerland and Community Prospects. Novelty and Function”.


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