RIDA 257 | 07-2018

Case law

Access to copyright protection

Pierre SIRINELLI, Alexandra BENSAMOUN

Code : 257-CJPVA
Keywords :
Protection , Infringement, Originality, Parasitism, Photocopy, Website, Moral rights, Industrial property, Designs (and models), Applicable law, United States of America, Berne Convention, Unfair competition

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The definition of an intellectual work is not clearly stated in the Intellectual Property Code. Yet it is admitted in both legal writing and case law that an intellectual work is the creation of an original form. This does not lead to any certainties, however. Both conditions of form and originality can be challenged, not to mention that both may be hard to isolate and proof of originality can sometimes be a real challenge... Finally, the fragile predictability of solutions relative to access to protection may be contested by applying rules of private international law.

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