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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 (10th edition)

François GREFFE et Pierre GREFFE (LexisNexis)

The 10th edition of the Treatise on Designs and Models by François and Pierre Greffe has just been published. This book of more than 1,200 pages has two parts.

The first part is devoted to French law. The requirements for the protection of a model are defined with precision. A model that belongs to the applied art is protectable by the book I of the Code of the intellectual property, without obligation of deposit, in the same way as a work of the pure art, on the only condition that the Court notes that it results from an effort of creation. The conditions of protection of a registered model are also analyzed, and it follows from the case law that a registered model is most often, in French law, likely to be protected by the 1st book of the CPI on literary property and artistic. Thus the protection in French law is satisfactory. Susceptible to be also protected under the artistic property.

The book contains lengthy developments concerning the question of assignment and the case law defining the collective work owned by the company that exploits the model on the grounds that it initiated it.

Counterfeiting is the subject of several chapters, the case law on the fixing of damages in case of infringement shows that the courts are now severe. It follows from a study of the Office of the European Union (EUIPO) that "every year in the EU because of counterfeiting 83 billion euros and 790,000 jobs are lost" among the affected sectors we note the articles jewelery, leather goods, especially clothing ".

The second part is dedicated to EU law and model protection in EU countries, Switzerland, the USA and Latin America.

This book was crowned by the Academy of Fine Arts.

 

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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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