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Legal fight against piracy by Cedric Manara

17 avril 2008 14:52

In order to cope with cybersquatting, phishing and other deeds similar to piracy on internet, French authorities did’nt find yet the right shield. The law against piracy has been enforced. Cedric Manara, EDHEC business school professor and member of scientific committee Juriscom.net explain the consequences of the new law. Helene de Brettes By Domaine.info

The law against piracy has been enforced in France since the end of October 2007. If it does not mention domain names this new text could impact on disputed claims regarding names registered in .FR by individuals. Previously, holder of rights for a brand willing to act in emergency against piracy had to prove that the main issue of the suit had been lanched against the counterfeit guilt. So it was understood that the name of this one was known. The new law gives the ability to act in emergency and on request as well. Complainant can ask action in order to prevent counterfeiting or actions similar not only against the main perpetrator but also against middlemen involved. This means that claims in Court regarding french brand can be taken even if the main perpetrator has not been identified. It is possible to have a legal action against the registrar as this one is the medium used by the main guilt of piracy. Nevertheless it is dubious that AFNIC could be involved as there is no agreement with the name holder. Another change worth to notice for people in charge of fighting against cybersquatting is about losses estimates as the new law is considering revenue shortfalls and moral injury done by the piracy.

Cédric MANARA Professor at EDHEC Business School

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