Dreyfus

On May 30th and 31st France’s Midi-Pyrenees region organized a colloquium with the provocative title: “Intellectual Property for small to medium-sized firms in an international context: Jungle Book or Treasure Island?”

A key player in intellectual property and new technologies, Dreyfus was invited to contribute on Friday 31st May in order to share its extensive knowledge and expertise in these domains.

Nathalie Dreyfus, the firm’s director, gave her presentation at a round-table gathering concerning the most recent challenges at the heart of business development. From identity theft to the development of strategies for trademark protection on Internet, especially in relation to new generic extensions, she enumerated the risks to which companies are exposed every day in a context of international crisis. She also gave advice on how to maximize their presence both on Internet and on the social networks.

Dreyfus also led a workshop that gave participants the opportunity to discuss more general topics such as the presence and protection of trademarks on social networks and search engines, as well as exploring current issues concerning domain names.

Do not hesitate to visit the Midi-Pyrenees Innovation website to review the full program of the colloquium at the following address:

http://www.mp-i.fr/2013/04/la-propriete-intellectuelle-pour-les-pme-dans-un-contexte-international-livre-de-la-jungle-ou-ile-au-tresor/

Formed at the end of the 19th Century, WIPO is a specialized institution within the United Nations. Its official remit is to stimulate creativity and economic development by promoting an international system of intellectual property, notably by facilitating cooperation between member States. Its Head Office is located in Geneva, Switzerland.

The institution is founded on two historical conventions:

• The Paris Convention of March 20 1883 (industrial property)
• The Bern Convention of September 9 1886 (literary and artistic property).

In 1994 an Arbitration and Mediation Center was set up within WIPO to facilitate the extra-judicial (or alternative) resolution of litigation concerning intellectual property rights. Designated as an official ruling body by ICANN, WIPO is much in demand regarding questions of domain names.

Sources: domainesinfo.fr et wikipedia

The .ME Registry (1), operator of the .ME extension, have released five exclusive premium domain names TLDs: Around.ME, Hire.ME, Fund.ME and For.ME.

The .ME Registry offers the possibility to companies to apply for operating these domain names.

Applicants are judged on the quality of the services they provide, their references and their business plan. There is therefore a selection based on the projects and their contents.

The purpose of this initial selection is to sell these 5 domain names to companies providing goods and services of quality.

In order for this application to become effective, applications must be filed before June 15 2013.

For any further information about this application program, you may contact us and we will guide you through the procedure.

                                                                          
(1) The d.b.a of DoMEn, d.o.o was chosen by the government of Montenegro to operate in the new .ME domain name TLDs.

Mali, the Central African Republic and Nigeria are relaxing their registration requirements regarding first level extensions, designated respectively by .ML, .CF and .NG. The decision was taken during ICANN’s last meeting in Beijing in April 2013.

Previously, the registration of extensions .ML, .CF and .NG .required local presence, without which only the second level extensions .COM.ML, .COM.CF and .COM.NG were available. Today, the extensions .ML, .CF and .NG are accessible to any company, wherever its head office may be.

The Nigerian “.NG” became available on April 16 2013. There was no priority ‘Sunrise’ period for mark holders. The registration of domain names is granted on a ‘first come, first served’ basis.

For Mali and the Central African Republic, the opening date for extensions .ML and .CF was May 1st 2013. The opening of the priority Sunrise period for mark holders, without a requirement for local presence will end on May 31st 2013. This will be followed by the ‘Landrush’ period for all domain names that must be purchased from June 1St to July 14th 2013, after which there will be general availability from July 15th onwards.

The critical period for mark holders will begin on July 15 2013 since the registrar has announced that he will issue the majority of his domain names at no cost, again following the principle of ‘first come, first served’. However, the applicant will not become the owner of the domain name since the registrar reserves the right to unilaterally remove the domain name and accessibility to it by, for example, adding advertising. Obtaining a free domain name is therefore of little interest to firms.

The risks associated with these new registration conditions are very real, especially concerning fraudulent registrations and cybersquatting, as for instance:

• Domain names under the extension “.ML” can be reserved and renewed at no cost;
• No procedures to regulate conflicts such as UDRPs have yet been established.

Our advice: consider making defensive registrations in the light of each individual offer. We are here to advise you.

Founder of Dreyfus, Nathalie Dreyfus is a specialist in Intellectual Property Law as well as a French and European Trademark Attorney.

Graduate of the Centre for international Intellectual Property Studies (CEIPI), Nathalie will assist you in the field of trademarks, designs, copyright, patents, software, contracts, domain names litigation, e-commerce, unfair competition, new technologies, licenses as well as the protection, valorization and defense of your existing rights.

She is a renowned Expert consultant to the Court of Appeal of Paris, as well as to the WIPO Arbitration and Mediation Center and the National Arbitration Forum (NAF). She advises and assists in the protection and enhancement of your Intellectual Property Rights, both in the material and cyber worlds, including dispute resolution, anti-counterfeiting, transfer of technology and UDRP procedures.

She gathered around her a team of skilled, experienced and passionate experts and collaborates with specialists in the field of patents to assist you in all issues related to the protection and enhancement of your intellectual property rights.

As adjunct professor at the Robert Schuman Faculty of Strasbourg, and also the French National School for the Judiciar, Nathalie Dreyfus gives numerous lectures in France and abroad. She has published four books and is a regular contributor to the professional legal press.  She also contributes to a blog on current legal issues concerning trademarks, patents, copyright, the Internet and new technologies.

The Office for Harmonization in the Internal Market (OHIM) is the official trade marks and designs office of the European Union. The Office register the Community trade mark (CTM) and registered Community design (RCD), which are essential components of the European single market.

These registrations provide trade mark and design protection throughout the European Union, which covers 27 countries and almost 500m people.

The Office also works in close partnership with national IP offices in the EU member states, with international offices, and the European Commission on a wide range of issues affecting the owners and users of intellectual property rights.

Source : http://oami.europa.eu

The digital economy is distinct from other sectors due to its immaterial and international nature which renders ineffective classical taxation models. Currently, the Organization for Economic Cooperation and Development (OECD) grants the right to tax profits to the country in which the company has its head office rather than that in which it performs its business activities. It is therefore easy for companies to transfer their profits to tax havens where they set up their head office whilst carrying out their activities in places where they are not taxable.

A report published on 18 January 2013 [1] suggests redefining the notion of “permanent establishment” in order to facilitate the taxation of companies in the digital economy, including by countries in which the firm is not physically based. Recognizing the essential role of the exploitation of personal data in the digital economy, the report suggests introducing a tax on the collection and exploitation of this data by companies. This approach would allow firms to be taxed whether based in France or elsewhere provided that they were using the personal data of French users.

This proposition is particularly aimed at firms who undertake a regular and systematic appraisal of their users’ activities. It is justified as a reasonable contribution to be made by firms towards public expenditure based on the fact that the personal data they exploit is obtained freely thanks to public outlay which gives users access to the network.

Taxing companies in the digital market is recurring theme and various propositions such as the “Google Tax” have already been made without being implemented. Now a tax criterion is being proposed which aims to promote both a control mechanism for the exploitation of personal data and a means to safeguard innovation. This would be achieved by a new R&D tax which would favor the creation of new companies.

The idea is innovative and merits further consideration. The challenge is to find a fair tax threshold!

This tax on personal data is initially proposed at a national level, but its effectiveness also requires international consensus, and in particular the support of the members of the OECD. France was due to broach this proposition during the last G20 summit but the next steps and the reactions of the member States are still awaited.

[1] « Mission d’expertise sur la fiscalité de l’économie numérique » “Research on a tax system for the digital economy”, Pierre Collin and Nicolas Colin, Report to the French Finance Minister, the Minister for tax recovery, the Chancellor’s budget representative and the Department for small and medium-sized companies, innovation and the digital economy. P1.

http://www.redressement-productif.gouv.fr/files/rapport-fiscalite-du-numerique_2013.pdf

As you know, over 1400 new generic top-level domains (gTLDs) should become available on the Internet during the second half of the year. More than half will be open to domain name registrations.

A tool is dedicated to the protection of your rights: the Trademark Clearinghouse (TMCH). We remind you that this centralized database of registered trademarks allows you, once your trademarks are registered, to benefit from the priority registration period – the Sunrise Period – and to be notified when a third party registers a domain name identical or similar (under certain conditions) to your marks – Trademark Claims Service.

The use of the TMCH involves legal and technical careful choices, particularly:

–          Identifying trademarks to protect.

–          Determining the opportunity of benefiting from the Sunrise Period services, which involves that the trademarks proof of use (necessary condition) has to be furnished when you are interested by a specific new gTLD.

–          Determining how long the protection would be the most appropriate to your digital strategy?

–          Determining which cybersquatted versions to choose?

The Dreyfus lawfirm is a Trademark Clearinghouse official agent. To meet your expectations, we can assist you for the implementation of your trademark protection strategy in the TMCH using our method in 3 steps:

• studying the trademarks to protect;
• a direct trademarks recording service in the TMCH to benefit from the Sunrise Period and the Trademark Claims Service advantages (available at the end of April). This will allow you to take full advantage of the TMCH as from the first launch of a new gTLD, starting the second half of the year;
• our dedicated and secure tool Dreyfus IPweb® in order to manage efficiently your trademarks registered in the TMCH.

We are at your disposal for any further information.

Open since March 26, it is time to use the TMCH wisely!

On April 8th 2013, the Indian Minister for Commerce and Industry, Mr. Anand Sharma, lodged a formal request with the World Intellectual Property Organization (WIPO) General Director, for India to join the Madrid Protocol for the international registration of marks. Thus, it takes the total of member states to 90.

For India, member of the G20, the second most populous country in the world and a great emerging superpower, this accession “will provide an opportunity for Indian companies, which are increasing their global footprint, to register trademarks in member countries of the Protocol through a single application, while also allowing foreign companies a similar dispensation”.

Indian’s membership will take effect as from July 8^th 2013 and its designation by international mark will thereafter be possible. It will also be possible to designate India by a subsequent extension of an existing international mark.

In 2012 the Philippines, Colombia and New Zealand had already joined the system of the international mark, followed by Mexico whose accession took effect on February 19^th 2013.

The Madrid System, regulated by two treaties, the Madrid Arrangement (1891) and the Madrid Protocol (1989), enables the mark holders to protect their marks in several countries by making a single demand for registration at their national office (such as the INPI in France) or their regional one (such as the OHMI at Community level). Administrated by the WIPO international bureau, this system has several advantages: registration in a single language and savings both at the initial and renewal stages.