CASE COMMENTS: RESTRICTIVE PRACTICES -UNFAIR PRACTICES - PARASITISM - COUNTERFEIT

Economic Parasitism: The Court of Cassation holds that an idea must be precise and original to be protected on the basis of parasitism (Syn’x/Softimage)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. – Cass. 1st civ. 13 December 2005, Sté Syn'x c/ Sté Softimage, n° 03-21.154 The ruling handed down by the First Civil Chamber of the Court of Cassation on 13 December 2005 provides valuable lessons on the scope of the protection of ideas through the theory of economic parasitism. In this case, a computer software programming company had concluded a contract with one of its competitors for the integration and development of software to assist in the creation of moving images. Following the termination of the contract and the marketing of new software, the programming company was sued by its former co-contractor on the grounds of counterfeiting and economic

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Authors

  • University Littoral-Côte d’Opale (Boulogne-sur-Mer)
  • University Littoral-Côte d’Opale

Quotation

Daniel Fasquelle, Servane Morel, Economic Parasitism: The Court of Cassation holds that an idea must be precise and original to be protected on the basis of parasitism (Syn’x/Softimage), 13 December 2005, Concurrences N° 1-2006, Art. N° 924, pp. 151-152

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