Intellectual property law

The convergence of artificial intelligence (AI) and data privacy law has introduced complex challenges and opportunities for businesses and regulators alike. The exponential growth of AI-powered systems, particularly those reliant on personal data, necessitates a balanced approach to innovation and compliance. This article explores how the General Data Protection Regulation (GDPR) addresses the complex legal issues raised by AI technologies, including accountability, data minimization, and lawful bases for processing, while highlighting recent case law and enforcement actions.

I – The legal foundations: AI and GDPR compliance

A – AI’s dependency on personal data

AI systems often require vast amounts of personal data to function effectively. From training large language models to deploying recommendation engines, personal data is indispensable. However, the GDPR imposes strict conditions on such processing, challenging AI developers to balance utility and privacy.

Key Issues Addressed by the GDPR:

• Lawfulness, fairness, and transparency (Art. 5 GDPR) : AI systems must be transparent in their data handling practices, ensuring individuals understand how their data is used.
• Purpose limitation (Art. 5 GDPR) : AI developers must define specific purposes for data processing and refrain from repurposing data without further legal justification.
• Data minimization (Art. 5 GDPR) : The principle mandates that only data necessary for the intended purpose is processed.

B – Lawful bases for AI data processing

The European Data Protection Board (EDPB) has clarified that legitimate interest may justify processing personal data in AI development, provided it passes a three-part test:

1. Identification of the legitimate interest.
2. Demonstration of necessity for processing.
3. Balancing this interest against individuals’ rights​​.

II – Key challenges in applying GDPR to AI

• Anonymization and Pseudonymization : The distinction between anonymized and pseudonymized data is critical in determining GDPR applicability. AI models trained on pseudonymized data remain subject to GDPR, whereas truly anonymized data falls outside its scope​.
• Transparency in complex systems : AI systems, particularly deep learning models, are often criticized as “black boxes,” making it difficult to explain how decisions are made. The GDPR’s right to explanation (recital 71) adds pressure on AI developers to enhance transparency.
• Cross-Border data transfers : AI systems relying on global data sources face scrutiny under GDPR’s strict data transfer rules. The recent Schrems II decision invalidated the EU-US Privacy Shield, compelling organizations to adopt alternative safeguards for lawful data transfers​​.

III – Enforcement and precedent: Lessons from case law

A – The OpenAI Case: Italy’s landmark fine

In December 2024, the Italian Data Protection Authority fined OpenAI €15 million for GDPR violations, including a lack of transparency, failure to verify user age, and insufficient safeguards for sensitive data. This case underscores the importance of robust compliance strategies in AI deployment​.

B – Meta platforms and data security breaches

The Irish Data Protection Commission’s €251 million fine against Meta highlighted the consequences of inadequate data breach notifications and poor system design​.

C – The European Commission’s Illegal Data Transfers

A 2025 ruling against the European Commission revealed unlawful data transfers to the US, emphasizing accountability even for public bodies​.

IV – Practical recommendations for AI developers and businesses

• Implement privacy by design and default : integrating privacy safeguards during the AI system’s design phase ensures compliance with GDPR’s data protection by design principle ( 25 GDPR).
• Conduct Data Protection Impact Assessments (DPIAs) : DPIAs are mandatory for high-risk AI systems processing personal data. These assessments help identify risks and mitigate potential non-compliance​.
• Strengthen transparency mechanisms : AI developers must provide clear, accessible privacy notices and explain automated decision-making processes, empowering users to exercise their rights effectively.
• Monitor regulatory developments : As the EU progresses with the AI Act, businesses must adapt to evolving legal landscapes to avoid penalties and maintain consumer trust.

V – Future Outlook: navigating AI’s legal landscape

The interplay between AI innovation and data protection laws will intensify as technologies evolve. The EU AI Act, set to harmonize regulations across member states, aims to create a comprehensive framework that addresses both risks and benefits of AI systems. Businesses that proactively align their operations with GDPR principles will not only mitigate legal risks but also gain a competitive edge in a privacy-conscious market.

Conclusion : Striking a balance

The relationship between AI and personal data protection exemplifies the tension between innovation and regulatory compliance. By embracing GDPR principles, businesses can harness AI’s transformative potential while respecting individual rights. This dual focus on efficiency and accountability will define the future of AI in an increasingly regulated world.

At Dreyfus Law Firm, our recognized expertise in intellectual property and new technologies is at your service to guide you through the intricate challenges posed by artificial intelligence and data protection.

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Since its inception, Dreyfus has established itself as a leader in the management of intellectual property rights (IPR) on a European scale. Faced with the rise of global trade and the growing challenges posed by counterfeiting, the company provides invaluable support to organizations of all sizes to protect and enhance their intangible assets. This article highlights recent trends in the enforcement of IPR in the European Union (EU), drawing on major jurisprudence to illustrate current challenges and solutions.

An Overview of the Fight Against Counterfeiting in Europe

The year 2023 marked a significant milestone in the EU’s efforts to combat counterfeiting. Over 152 million counterfeit items were intercepted, with an estimated value of approximately 3.4 billion euros. This represents a 77% increase compared to the previous year, highlighting the growing effectiveness of surveillance and enforcement measures, thanks to international cooperation and technological advancements.

Most Affected Product Categories

Products such as “Games,” “Toys,” and “Recorded CDs/DVDs” dominate the seizures in terms of volume. However, the rise in violations involving “packaging materials” and “labels” reveals a new trend where counterfeiters use neutral components to evade customs controls. This strategy was addressed in Coty Germany GmbH v. Amazon Services Europe Sàrl (C-567/18, CJUE, 2020), where the Court clarified the responsibilities of e-commerce platforms. Essentially, the company is not liable for trademark infringement unless it actively participates in offering or marketing counterfeit products.

Performance by Member States

Ten European countries stand out for their major contributions to seizures, with Italy taking the lead (74% of intercepted items). France, Romania, and Spain are also key players in these enforcement operations. The importance of cross-border cooperation was underscored in Top Logistics BV v. Bacardi & Company Ltd (C-379/14, CJUE, 2015), which clarified the conditions for seizing goods in transit within the EU

Transportation and Evasion Strategies

Counterfeiters exploit various transportation methods to move their products. Postal shipments account for 37% of cases, while maritime transport dominates in terms of volume, with containers holding thousands of items. This diversity underscores the need to adapt control methods to each logistical channel.

Trademarks at the Heart of Infringements

Trademarks are the most targeted rights, accounting for 84% of recorded infringements in 2023. Copyright violations (7%) and designs (3%) also raise concerns, particularly for high-profile brands.

Dreyfus: A Strategic Partner for IPR Protection

As an intellectual property specialist, Dreyfus offers key services to counter infringements:

1. Proactive Monitoring: The company uses advanced technologies to detect potential violations in physical and online markets.
2. Legal Management: With solid legal expertise, Dreyfus assists clients in IPR-related disputes by collaborating with national and international authorities.
3. Training and Awareness: By educating companies on the best prevention strategies, Dreyfus helps strengthen their internal capabilities.
4. Institutional Partnerships: The company works closely with organizations such as the EUIPO to enhance protection measures in the European market.

Future Challenges and Perspectives

Several challenges remain:

• Local Assembly: Counterfeiters use innovative strategies to assemble unbranded products in Europe, avoiding border seizures. In Nintendo v. BigBen Interactive (CJUE, C-25/16, 2018), the CJUE confirmed that intellectual property rights apply even when production stages are outsourced.
• E-commerce: The speed of online transactions complicates the detection and tracking of infringements. This issue was highlighted in Google France SARL v. Louis Vuitton Malletier SA (C-236/08, CJUE, 2010), which clarified the responsibilities of advertising platforms.
• Regional Disparities: Differences in resources and priorities among member states hinder a coordinated response. The case Comité Interprofessionnel du Vin de Champagne v. Aldi Süd (TGI Paris, 2019) illustrates the impact of variable standards on protecting geographical indications within the EU.

To address these challenges, Dreyfus advocates for a comprehensive approach based on technologies such as artificial intelligence and big data, as well as better harmonization of procedures across the European Union.

Conclusion

The year 2023 represents a turning point in the fight against counterfeiting in Europe. Thanks to a combination of concerted efforts, technological innovations, and landmark judicial decisions, the EU is better equipped to tackle these threats. Dreyfus positions itself as a key player in supporting companies in this essential battle, contributing to the protection of intangible assets and the preservation of European competitiveness. With concerted efforts and innovative solutions, it is possible to significantly reduce the impact of counterfeiting on the economy and society.

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Winning public tenders can open substantial opportunities for businesses. However, participating in these processes often involves navigating intricate intellectual property issues, particularly when delivering innovative solutions or creative services. This article provides a comprehensive guide to securing your intellectual property rights in public tenders, ensuring you retain control over your creations while meeting procurement requirements.

 Understanding the intersection of IP and public procurement

Why intellectual property clauses are important in public contracts ? Public contracts frequently involve the creation of intellectual works such as software, designs, or research. However, without well-drafted clauses, you risk losing rights to your creations. The inclusion of clear IP provisions ensures:

• Defined ownership: Establishes whether rights remain with the contractor or transfer to the public entity.
• Scope of use: Determines how the procuring entity may use the delivered results.
• Fair compensation: Reflects the value of IP rights in contract pricing.

IP in public procurement is governed by national laws and sector-specific agreements. In France, the Intellectual property Code and the public procurement code define default rules for IP ownership and transfer in public contracts. Internationally, EU directives provide harmonized principles for public procurement.

Key IP issues in public tenders

Ownership of results

The ownership of intellectual property created under public contracts varies depending on the type of deliverables and the procurement model:

• Licenses vs. ownership transfer: Default rules under French law (CCAG-PI, CCAG-TIC) often provide the public entity with a license, while exclusive transfer requires explicit contractual provisions.
• Existing works: Contractors typically retain rights to pre-existing works incorporated into deliverables, but must grant the public entity a license for operational needs.

Use of Pre-existing IP

Clearly identify pre-existing IP or know-how and establish its legal treatment:

• Declare all pre-existing elements upfront.
• Use non-exclusive licenses to prevent the loss of proprietary rights.

Confidentiality and protection of know-how

Protecting trade secrets and know-how is critical:

• Non-disclosure agreements: Ensure these are in place before tender submission.
• Restricted access clauses: Limit the use and dissemination of sensitive information shared during the tender process.

Compatibility with open data requirements

Public authorities often require results to be shared under open access frameworks. Define the boundaries for such usage, ensuring it aligns with your business model.

 Drafting effective IP clauses in tender proposals

Several steps for writing these clauses:

1. Clearly define deliverables

The contract should specify the IP status of each deliverable:

• Distinguish between bespoke developments and standardized solutions.
• State whether deliverables include software, designs, or reports.

2. Specify the scope of rights granted

Define the following:

• Territorial scope: E.g., national, European, or global usage rights.
• Duration: Temporary or perpetual rights.
• Purpose: Limit rights to specific uses (e.g., internal use).

3. Address modifications and derivative works

Explicitly regulate:

• The procuring entity’s ability to modify or adapt the work.
• Conditions for creating derivative works or sublicensing.

4. Include compensation for IP

Ensure your tender pricing reflects the value of IP rights being transferred or licensed:

• Itemize costs related to IP creation and licensing.
• Incorporate royalties for extended or expanded use.

Navigating complex scenarios

Collaborative innovation

When collaborating with public entities, co-created IP may arise. To safeguard your rights:

• Establish co-ownership agreements, detailing how rights are shared and exploited.
• Define rules for filing patents or registering designs.

Litigation and disputes

If disputes arise:

• Refer to arbitration clauses or administrative jurisdiction defined in the contract.
• Use preambles and detailed IP clauses as evidence of intent.

Handling open-source deliverables

When contributing open-source solutions:

• Verify licensing terms align with procurement requirements.
• Prevent conflicts between proprietary and open-source components.

Conclusion 

First of all, consult legal and IP professionals, as Dreyfus Law Firm, during tender preparation to:

• Draft robust IP clauses.
• Identify potential risks.

Then, review your portfolio to:

• Identify IP that may be affected by the contract.
• Ensure readiness for compliance and negotiations.

Then, benchmark standard practices in your sector for IP management in public procurement.

Finally, many procurement frameworks allow for dialogue phases—use this to clarify and protect your IP interests.

Securing intellectual property rights in public tenders requires a proactive approach, balancing the demands of public authorities with your strategic interests. By defining clear contractual provisions, understanding applicable laws, and protecting your pre-existing assets, you can safeguard your IP and build lasting value from public contracts.

Dreyfus Law Firm has been assisting clients in securing and maximizing the value of their intellectual assets. With deep expertise in intellectual property and tailored services, we ensure optimal management of your rights in public tenders and procurement.

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 FAQ

1 – How to protect your intellectual property in a contract?

To protect your intellectual property in a contract, it is essential to include specific clauses detailing the rights and obligations of the parties. Key aspects to consider include:

• Clearly defining the intellectual property covered (trademarks, patents, copyrights, trade secrets, software, etc.).
• Determining ownership of rights: specifying who owns the creations and innovations developed under the contract.
• Regulating the use of rights: setting out the terms for assignment, licensing, or usage of the intellectual property.
• Ensuring confidentiality: including a non-disclosure clause to prevent the leakage of sensitive information.
• Providing enforcement mechanisms in case of infringement (penalties, damages, termination, etc.).

A well-drafted contract helps anticipate disputes and secure the company’s intangible assets.

2 – What is an intellectual property clause?

An intellectual property clause is a contractual provision that defines the rights and obligations of the parties concerning protected creations, inventions, or trade secrets. It may cover:

• Ownership of rights: clarifying who holds the intellectual property created or used under the contract.
• Usage conditions: outlining the terms for assignment, licensing, or exploitation of the rights.
• Protection obligations: ensuring confidentiality and preventing any infringement of intellectual property rights.
• Remedies in case of disputes: specifying penalties for infringement, breach of commitments, or unauthorized disclosure.

This clause is crucial in service agreements, collaboration contracts, employment contracts, and distribution agreements to avoid legal uncertainties.

3 – What is trade secret in intellectual property?

A trade secret in intellectual property refers to a set of confidential information, methods, or technical processes that have economic value. This can include:

• Manufacturing formulas or industrial processes.
• Specific commercial or marketing strategies.
• Proprietary databases.
• Software or algorithms that are not patented.

Trade secrets are indirectly protected through business confidentiality and non-disclosure agreements (NDAs) but do not enjoy exclusive rights like patents or trademarks.

4 – How to protect your trade secrets?

Trade secrets can be protected through several mechanisms, including:

• Confidentiality agreements: signing NDAs with employees, partners, and service providers.
• Information access restrictions: limiting access to trade secrets to authorized personnel only.
• Establishing proof of ownership: documenting and dating key processes (e.g., through notarized records or deposits with specialized organizations).
• Employment or collaboration contracts: including confidentiality and non-compete clauses to prevent knowledge leakage.
• Technical security measures: securing databases, software, and sensitive documents with encryption and restricted access.

These precautions ensure the exclusivity of trade secrets and prevent unauthorized use by third parties.

When an intellectual property (IP) firm is mentioned and approached by specialized media outlets, it speaks not only to its credibility but also to its ability to innovate and offer concrete solutions to today’s legal challenges. That is precisely the case with Dreyfus, whose expertise in design law—as well as broader IP protection—was recently highlighted in the Expert Guide 2025 – Intellectual Property, published by Corporate LiveWire.

In this article, we take a closer look at that publication, outlining the key points covered in the interview with Nathalie Dreyfus, the firm’s founder, and showing how this recognition by the specialized press reinforces Dreyfus’s status as a leading authority in Europe on the modernization of design law. We also discuss the main issues raised in the Expert Guide 2025 article and explain how the firm puts this knowledge into practice to support its clients.

Dreyfus in the Spotlight in the Expert Guide 2025

The Expert Guide 2025 – Intellectual Property Publication

Expert Guide 2025, dedicated to intellectual property, is published by Corporate LiveWire, an international media outlet that regularly provides in-depth analyses and resources on legal and economic trends. In this edition, various renowned experts and specialized firms address critical topics such as:

• The Unified Patent Court (UPC) regime.
• Changes to trademark protection rules in certain African countries.
• Developments in copyright law for utilitarian objects.
• New digital regulations affecting trade secret protection and the rise of 3D printing.

In this context, a special focus is placed on the modernization of design law in Europe, a topic at the heart of current debates and set to gain new momentum with the phased implementation of revised legislative provisions starting in 2025.

The Article “The Modernisation of EU Design Protection: A New Era for European Creativity”

Written by Nathalie Dreyfus, founder of Dreyfus, this article—featured in Expert Guide 2025—explains the key aspects of the European reform on designs, including:

• The shift from “Community Designs” to “European Union Designs” (EUD), symbolized by the adoption of the Ⓓ icon to align branding with ® for trademarks and © for copyright.
• An expanded definition of “designs” and “products” to include virtual or animated objects, as well as user interface elements.
• A more flexible application process, allowing up to 50 designs to be grouped in a single filing, regardless of their classification under the Locarno Classification.
• Strengthened rights for owners, now clearly covering 3D reproductions and the unauthorized use of digital files intended for additive manufacturing.

Thanks to this article, which you can find on Corporate LiveWire’s website, readers can appreciate the full scope of the reform and the opportunities it creates, while also understanding the associated risks and challenges.

The Expertise of Dreyfus, an IP Specialist, Recognized by the Specialized Press

A Track Record Built in the Field

From its inception, Dreyfus has stood out thanks to a multidisciplinary approach that combines legal, technical, and strategic capabilities. This versatility allows the firm to:

• Anticipate market and legislative changes, especially in rapidly evolving areas (digital, AI, 3D printing).
• Advise a wide range of clients—major corporations, SMEs, startups, and independent creators—on building and defending their portfolios of designs, trademarks, and patents.
• Play an active role in European discussions through conferences, in-depth articles, and broader initiatives (experience-sharing, public consultations).

Moreover, Nathalie Dreyfus’s direct involvement in leading publications demonstrates the firm’s high-level recognition. Being invited to publish an analysis in a resource such as Expert Guide 2025 not only affirms Dreyfus’s professional legitimacy but also highlights concrete and pragmatic solutions to the challenges of design law.

Concrete Commitments in Response to the Modernization of Design Law

In her article, Nathalie Dreyfus highlights several crucial points on which the firm already assists its clients:

1. Adapting to the Ⓓ Symbol: educating companies about the importance of clearly indicating the protection of their creations and advising them on strategies for using the symbol (logo, packaging, marketing).
2. Managing a Design’s Life Cycle: from the conceptual stage to market launch, including potential renewals and defense against counterfeiting.
3. Addressing New Digital Formats: supporting the development of technical documentation that includes 3D renderings, animations, or screenshots.

These areas of expertise illustrate Dreyfus’s proactive approach and its capacity to provide businesses with ways to capitalize on their creations.

Challenges Raised by the Reform and Practical Solutions

Why Is This Reform Crucial?

• Uniformity: One of the main objectives of the reform is to further harmonize rules across the European Union, taking into account national specificities and the need to adapt to the digital era.
• New Forms of Piracy: 3D printing, sharing of STL files, and the rise of the metaverse require rethinking the rights granted to designers and businesses.
• Strengthening Competitiveness: Better protection boosts investment in design and encourages creativity, two crucial levers for international competitiveness.

The Contributions of Dreyfus, an IP Expert

To address these developments:

• Portfolio Audits: the firm offers a full audit of existing designs to identify gaps, filing opportunities, or renewal strategies best suited to new fee structures and updated protection durations.
• Litigation Support: if counterfeiting is detected, Dreyfus has extensive experience in proceedings before the EUIPO, French courts, and other European jurisdictions.
• Training and Awareness: Nathalie Dreyfus and her team regularly conduct webinars and seminars to demystify legislative developments and enhance the in-house expertise of their clients’ teams.

External Links and Additional Resources

To help you delve deeper into the issues discussed in this article, here are some useful links:

1. Expert Guide 2025 – Intellectual Property (Corporate LiveWire): you’ll find the full article entitled “The Modernisation of EU Design Protection: A New Era for European Creativity” by Nathalie Dreyfus.
2. EUIPO – European Union Intellectual Property Office: the EU’s official body for registering trademarks and designs, and the key organization behind the reform.

These resources allow you to gain a clearer understanding of the challenges and opportunities arising from the new European design legislation, as well as to consider potential strategies available to companies and creators.

Conclusion: Dreyfus, a Trusted Partner for the New Era of European Design

Specialized press, through the Expert Guide 2025 published by Corporate LiveWire, emphasizes the relevance of Dreyfus’s work in the intellectual property sphere. The modernization of design law in Europe—and the heightened focus on digital creations—marks a major turning point for both businesses and creators.

By being recognized and cited as an expert, Dreyfus solidifies its position as a leader in providing strategic, legal, and technical support to major corporations, SMEs, and individuals seeking to secure and capitalize on their intangible assets. The firm is at your disposal for further information, personalized case studies, or custom support.

Need Support Protecting Your Designs?

Contact Dreyfus:

• Phone: +33 1 56 59 11 00
• E-mail: contact@dreyfus.fr
• Website: www.dreyfus.fr

Benefit from the expertise of Nathalie Dreyfus and her team to anticipate the effects of the reform and implement the best practices to safeguard your creativity and maintain your competitiveness in the European market.

The evolution of AI and Copyright

The United States Copyright Office has released the second part of its comprehensive study on artificial intelligence and copyrightability. This latest report, dated January 29^th 2025, titled “Copyright and Artificial Intelligence, Part 2: Copyrightability“, delves into one of the most contentious legal questions of the modern digital era: Can AI-generated content receive copyright protection?

As AI tools like ChatGPT, MidJourney, and DALL·E continue to evolve, artists, musicians, and content creators are leveraging these technologies to assist in their creative processes. However, where does the boundary between human creativity and AI automation lie? This report provides critical insights into how the U.S. Copyright Office currently addresses AI-generated works and their copyrightability.

Background: A recap of Part 1 – Digital Replicas

Before discussing AI-generated works, it is essential to recall the findings from the first part of the U.S. Copyright Office’s AI report, which focused on digital replicas (e.g., deepfakes and AI-generated voices). Key takeaways from Part 1:

• Digital replicas (AI-generated likenesses of individuals) raise significant legal and ethical concerns.
• The report emphasized the lack of clear legal frameworks to address the unauthorized replication of an individual’s image or voice.
• The Copyright Office recommended further legislative action to protect against AI-generated deepfakes and potential misuse of identity rights.

With Part 2, the focus has now shifted to an equally pressing issue: the copyrightability of AI-generated content.

AI-Generated works and copyrightability

The fundamental question addressed in Part 2 of the report is: To what extent can AI-generated content be considered copyrightable under U.S. law?

1 – Human authorship requirement

According to the U.S. Copyright Act, only works created by a human author qualify for copyright protection. The Copyright Office reaffirms this principle, stating that:

• Copyright protection does not extend to material generated wholly by AI.
• AI-assisted works may qualify for copyright protection if there is sufficient human involvement in the creative process.
• The determination of copyrightability will be handled on a case-by-case basis.

There is a key precedent: Thaler v. Perlmutter (2023) – The U.S. courts upheld that AI-generated works cannot be copyrighted, reinforcing the human authorship requirement.

2 – The role of AI in creativity

The Copyright Office differentiates between AI as a tool and AI as an autonomous creator.

• AI as an assistive tool meaning that if AI is used to enhance human creativity, the final work may be eligible for copyright protection.
• AI as an autonomous creator meaning that if AI produces a work without human creative input, it cannot be copyrighted.

For example: a human artist using Photoshop, AI-based filters, or generative AI as part of their creative workflow can still claim copyright. However, a fully AI-generated artwork created without human selection, arrangement, or modification is not copyrightable.

3 – The significance of prompts

One of the most controversial topics covered in the Copyrightability Report is whether AI-generated content based on human prompts qualifies for copyright protection.

The Copyright Office’s stance:

• Writing a prompt alone is not sufficient for copyright protection.
• Prompts must involve “sufficient creative expression” and “substantive human input” to be considered authorship.
• A person modifying, arranging, or selecting elements of AI-generated content may qualify for partial copyright protection.

Therefore, an AI-generated images or texts created using a prompt may not belong to the user unless they demonstrate clear human creativity in the final output.

4 – Legal analysis and international approaches

Different countries are addressing AI and copyright in varying ways:

• United States: AI-generated content is not eligible for copyright protection unless there is substantial human involvement.
• United Kingdom: AI-generated works may receive limited protection under existing copyright laws.
• European Union: The EU AI Act mentions the obligation for AI systems to comply with intellectual property rights.
• China: AI-generated works can be copyrighted, but liability and authorship rules remain ambiguous.

The lack of global harmonization in AI and copyright laws could create significant legal uncertainties for creators using AI worldwide.

Implications and potential legal changes

The Copyright Office recognizes the complexity of AI copyrightability and explores potential legal reforms, including:

• Clarification of “substantial human involvement” in AI-assisted works.
• New guidelines for AI-generated content registration.
• Possible introduction of a sui generis (unique) legal framework for AI-generated creative works.

However, the report does not recommend legislative changes at this time, instead emphasizing case-by-case assessments.

Conclusion: The Future of AI and Copyright

The U.S. Copyright Office’s second report on AI and copyrightability establishes that:

• AI-generated works are not independently copyrightable unless there is clear human authorship.
• Prompts alone do not establish copyright ownership.
• The legal framework remains flexible but requires further clarification.

As AI technology continues to evolve, creators, businesses, and policymakers must navigate an uncertain legal landscape.

Need expert guidance on AI and intellectual property? Dreyfus Law Firm specializes in intellectual property law, including trademark, copyright, and AI-related legal matters. Our experts stay ahead of AI and copyright developments!

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In today’s increasing competitive market, safeguarding intellectual property is crucial for small and medium-sized enterprises (SMEs). Recognizing this need, the European Union Intellectual Property Office (EUIPO) is set to relaunch the SME Fund on February 3, 2025, offering financial assistance to SMEs seeking IP protection. This initiative program allows businesses to claim reimbursements of up to €1,000 for IP applications, reducing the financial barriers to securing vital protections.

Overview of the EUIPO SME Fund

The SME Fund is a well-established reimbursement initiative designed to support European SMEs in protecting their intellectual property rights. By offering financial aid, the fund encourages businesses to register trademarks, designs, and patents, thereby securing their innovations and enhancing market position. The 2025 relaunch continues the success of previous years, reflecting the EUIPO’s commitment to fostering a robust IP framework within the SME community.

Eligibility Criteria for SMEs

To qualify for the SME Fund, enterprises must meet the European Union’s definition of an SME, which includes:

• Employing fewer than 250 persons.
• Having an annual turnover not exceeding €50 million or a balance sheet total not exceeding €43 million.

Eligible SMEs can apply for vouchers covering up to 75% of certain IP service fees, including trademark and design applications. It’s important to note that specific eligibility criteria and services covered may vary; reviewing the EUIPO’s official guidelines is essential for clarity.

Application Process

Applying for the SME Fund is a streamlined process that involves several key steps:

1. Preparation: Evaluate your current IP assets to identify which require protection, ensuring the application aligns with business priorities.
2. Registration: Create an account on the EUIPO’s SME Fund portal to access application forms and resources.
3. Voucher Application: Submit an application specifying the IP services and attach necessary documentation.
4. Service Utilization: Upon approval, use the voucher to cover eligible IP service fees within the stipulated timeframe.
5. Reimbursement Claim: After completing the IP service, submit proof of payment to claim reimbursement up to the voucher’s value.

Benefits of Protecting Intellectual Property

Securing IP rights offers numerous advantages for SMEs:

• Market Exclusivity: Protects products and services from unauthorized use by competitors.
• Enhanced Brand Recognition: Enhances brand value and consumer trust through trademark registration.
• Revenue Opportunities: Enables licensing opportunities and potential revenue streams.
• Increased Business Valuation: Increases overall business valuation by safeguarding intangible assets.

By leveraging the SME Fund, businesses can overcome cost barriersassociated with IP protection, thereby fostering innovation and long-term growth.

Conclusion

The relaunch of the EUIPO SME Fund on February 3, 2025, presents a valuable opportunity for SMEs to secure financial support for intellectual property protection. By understanding the eligibility criteria and following the application process, businesses can obtain reimbursements of up to €1,000, ensuring their innovative assets remain safeguarded.

At Dreyfus Law Firm, we specialize in intellectual property law and are dedicated to assisting clients in navigating the complexities of IP protection. Our expertise guarantees that your business innovations are secure and legally protected. Dreyfus Law Firm is in partnership with a global network of attorneys specializing in Intellectual Property.

Contact us today for personalized support in accessing the SME Fund or securing your IP rights.

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The Dreyfus firm is a key player in the French intellectual property landscape. Specializing in trademark management, it supports its clients in all stages of protection, from registration to defense against counterfeiting. This article outlines the essential elements of French trademark regulations while highlighting Dreyfus’s role in this field.

A Strong Legal Framework for Trademarks

Legislative Foundations

In France, trademark protection is based on Law No. 91-7 of January 4, 1991, updated by Ordinance No. 2019-1169 and Decree No. 2019-1316. These reforms ensure alignment with European standards, facilitating trademark registration and management procedures.

An International Dimension

France is a party to several international conventions, including the 1883 Paris Convention and the 1994 TRIPS Agreement. It also participates in the Madrid systems for international trademark registration, ensuring protection beyond national borders.

Role of the INPI

The National Institute of Industrial Property (INPI) plays a central role by managing filings, oppositions, and invalidity actions. This institution ensures rigorous enforcement of trademark regulations, supporting innovation and brand integrity.

Trademark Registration and Management Process

Eligibility Requirements

Distinctiveness remains a cornerstone of trademark registrability. Recent case law highlights evolving consumer perception standards, particularly concerning basic English terms used in France (e.g., MySunbed, INPI, 27 May 2024). Meanwhile, decisions on deceptiveness emphasized the need for claimants to demonstrate misleading potential at the time of filing, rather than relying on post-registration evidence (INPI, 3 April 2024, NL 22-0199).

Non-traditional trademarks, such as holograms or sounds, are also accepted under specific technical conditions.

Unregistered Trademarks

French law does not recognize unregistered trademarks. However, well-known trademarks enjoy protection against misappropriation based on principles of unfair competition. Proving renown remains challenging, as it requires robust evidence such as prior judicial recognition or extensive consumer exposure (INPI, 12 July 2024, Immo Angels). Meanwhile, allegations of parasitic intent require clear links between the litgious trademark and a recognizable external reference, as demonstrated in the Cadault case (INPI, 29 April 2024).

Administrative Procedures

Trademark applications are submitted via the INPI’s online platform. While a prior search is not mandatory, it is highly recommended to prevent conflicts with existing rights.

Benefits of a Registered Trademark

1. Legal Protection: A registered trademark provides a presumption of validity and enables legal action in cases of infringement.
2. Ease of Management: Registration simplifies oppositions and cancellations while allowing the blocking of counterfeit product imports.
3. Strengthened Identity: A well-protected trademark enhances brand recognition and competitive advantage.

Validity Period and Renewal

A trademark is valid for 10 years and can be renewed indefinitely. Failure to use a trademark for five consecutive years risks cancellation, but the INPI provides solutions to justify its use.

Recent decisions reflect the broad evidentiary approach adopted by the INPI. Undated documents such as marketing materials and screenshots, when evaluated collectively with dated items, have been deemed admissible (e.g., INPI, 2 May 2024, Bob dépannage!). This flexibility underscores the importance of maintaining detailed usage records.

Opposition and Litigation

Opposition

Any interested party can oppose a trademark application within two months of its publication. This procedure is crucial to protect pre-existing rights.

Cancellation Actions

Trademarks can be canceled on various grounds, such as lack of distinctiveness or bad faith registration. These mechanisms remain vital tools for preserving registry integrity.

New Perspectives: NFTs and Artificial Intelligence

With the emergence of NFTs and AI, new trademark challenges are arising. Businesses must adapt their trademark portfolios to cover these new technologies and anticipate the legal challenges they entail.

Dreyfus’s International Recognition of Excellence

Dreyfus law has earned widespread acclaim for its outstanding expertise in intellectual property law, consistently ranking among the best in the field:

• WTR1000 2024: Nathalie Dreyfus has been ranked among the top professionals in intellectual property law, reflecting her unparalleled expertise and commitment to client success.
• Legal 500: Nathalie Dreyfus was referenced in the 2023 edition for her innovative approach to trademark management and strategic advice.
• Who’s Who Legal Thought Leaders France 2024: Nathalie Dreyfus was distinguished in this prestigious report, highlighting her thought leadership and significant contributions to the field.

These prestigious accolades highlight the Dreyfus firm’s unwavering dedication to excellence, its commitment to delivering exceptional legal services, and its reputation as a trusted partner in protecting intellectual property rights.

Dreyfus’s Judicial and International Expertise

Founding and managing partner of Dreyfus Law Firm, Nathalie Dreyfus is an officially accredited judicial expert with the Paris Court of Appeal in trademark and design law, as well as with the Court of Cassation in trademark matters. Her recognized expertise extends internationally, as she is also an accredited expert with WIPO (World Intellectual Property Organization) in Geneva, where she issued 17 decisions in 2024, and with the Forum (USA). Her unique combination of judicial and international experience positions her as a leading authority in the field, providing unparalleled insights and solutions to complex intellectual property issues.

Conclusion

By combining local expertise with an international vision, Dreyfus law firm offers an innovative approach to protecting trademarks in a constantly evolving world. Whether through advisory services, management, or litigation, Dreyfus remains a trusted partner for companies looking to enhance their intangible assets.

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