France

The Court of Justice of the European Union (CJEU) dealt with the issue of acceptance of sales services in opposition procedures in the joined cases of C-155/18 and C-158/18 P, Tulliallan Burlington v European Union Intellectual Property Office (EUIPO) and Burlington Fashion.

In a much awaited preliminary decision, the Court of Justice of the European Union (CJEU) ruled on April 2 2020 (C-567/18 Coty Germany GmbH v Amazon Services Europe Sarl et al) on the responsibilities of Amazon warehouse-keepers in relation to the sale by a third-party seller on the online marketplace, Amazon Marketplace, of perfume bottles for which the rights had not been exhausted.

The new trademark law implementing the EU Directive has been applicable since December 11 and has introduced important changes.

European regulations provide the possibility for works of applied art to benefit from both design right protection and copyright protection (for artistic work). Each form of protection is subject to its own specific rules. The scope and conditions of protection by copyright are subject to national rules.

The market for certain spare parts used for motor vehicle repair may be liberalised in France.

Claims of seniority of national trade marks for European marks have the effect of allowing owners, if they cease to maintain local trade marks, to continue benefitting from the same rights they would have had if their national trade mark had been maintained.