Teses / dissertações sobre o tema "Protection propriété intellectuelle"
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Nisato, Valentina. "Le consommateur et les droits de propriété intellectuelle : analyse consumériste des principaux droits de propriété intellectuelle". Avignon, 2005. http://www.theses.fr/2005AVIG2028.
Texto completo da fonteThe evolution of international property rights in an era of economic globalization and the rise of new communication technologies leads, following the law of market economy, to its meeting with the consumer, a central figure in a legal system born to insure his protection but whose profile remains elusive. Moreover, from a formal point of view, intellectual property rights and consumer's rights ignore one another almost entirely. From this perspective it appears that only the consumer offers a pertinent criterion for comparison, since only this quality of being consumer is that ultimately matters in the market. The relationship between consumer and intellectual property rights can only be considered by means of functional analysis. The latter leads to the verification of the presence of the consumer in the midst of intellectual property rights (First part), before measuring the influence it exerts on intellectual property rights (Second part)
Nikiema, Kouliga. "La protection des expressions du folklore par la propriété intellectuelle". Paris 2, 1988. http://www.theses.fr/1988PA02T075.
Texto completo da fonteVaret, Vincent. "La protection des oeuvres posthumes". Paris 2, 1996. http://www.theses.fr/1996PA020039.
Texto completo da fonteIn the french legislation relating to "copyright", a specific scheme of protection applies to works of creation which ar e first published after the death of their author. It is also the case in numerous other national legislations. The european directive harmonizing the term of protection for author's rights and related rights comprises particular provisions relating to this type of works as well. Nevertheless, the degree of the protection's specificity is variable, and deserves a detailed study. Thus, in french law , the legal nature of the confered right was sometimes described as one of a related right. But this proposal should be cleared. For that purpose, it would be efficient to confront it with all the characteristics of the specific protection. Hence, the object of this thesis is, first, to determine the requirements for protection in order to be able to analyse, secondly, its legal nature and its terms. This process is not only limited to french law. The specific scheme of protection settled at the european level should be integrated in each national law of member states. So, it seems relevant to analyse at the same time the existing french regulation, the different national laws, and the provisions respectively of the european directive and of the dra ft regulation relating to its implementation through french law. Such a perspective permits to assess the importance of the possible changes, to discuss their value, and to suggest othe r options and solutions to conflicts of laws that would rise from such changes. This perspective enables further considerations upon the making-out of the european regulation, the specificity of which should be carefully examined
Pajak, Serge. "La protection de la propriété intellectuelle et l'innovation : contributions empiriques et théoriques". Phd thesis, Télécom ParisTech, 2011. http://pastel.archives-ouvertes.fr/pastel-00622839.
Texto completo da fonteMaillard, Thierry. "La Réception des mesures techniques de protection et d'information en droit français". Paris 11, 2009. http://www.theses.fr/2009PA111008.
Texto completo da fonteRevel, Eve. "Les rapports entre propriété et responsabilité dans la protection de l'immatériel". Nice, 2008. http://www.theses.fr/2008NICE0018.
Texto completo da fonteThe immaterial has neither body nor borders. By its nature, it implies freedom (fredom of trade and industry, but also freedom to see, to create. . . ). This freedom is limited by responsibility and property, witch are exceptions to freedom. The balance between these tree concepts ensures the existence of a public domain, of legal security and of incentive for innovation. The increasing value of immaterial leads to disturb the initial balance. Property and responsibility are designed to protect as much as possible these new values that it may seem unfair to keep " free ". This disrupts the limits and destroys the equilibriums. To fight against this trend, we must return to a strict legal basis
Bouvet, Thomas. "La protection juridique de l'innovation végétale". Versailles-St Quentin en Yvelines, 2000. http://www.theses.fr/2000VERS0003.
Texto completo da fonteThis thesis studies all the rights available to protect, at any level, the creation of new plants or the research of new industrial applications for vegetal material. The first part of the thesis is dedicated to the study of intellectual property rights specific to plant innovation. The raison d'être of these rights is studied from a scientific, economic and legal perspective. Follows a detailed analysis of the rights available on the French territory, that is to say the French and Community Plant Breeders Rights. The second part of the thesis dials with the protection of vegetal innovation through non-specific intellectual property rights. Patent law is most particularly examined. But the use of contract, trademarks, quality label, designation of origin, design model and copyrigth is also considered. This global approach permits a critical and comparative study of Plants Breeders Rights and Patent law, which are the basis of the legal protection for plant innovation. It also allows to study the role played by these rithts in the economical environment of plant innovation and the way they can be associated with other non-specific rights to strenghen the protection
Ihrai, Othman. "La protection juridique des créations immatérielles à l'ère de l'économie numérique". Nice, 2009. http://www.theses.fr/2009NICE0028.
Texto completo da fonteIn the context of globalization and ICT development, protection of intangible creations has become a universal issue. But the international law of intellectual property is largely inspired by a long process initiated in the first industrialized countries. Developing countries, who do not always have convergent interests, are questioning some of its provisions. So, to try to understand the problem in all its complexity, it is necessary, using a comparative approach, to examine the mechanisms of protection at the three levels, international, regional and national. Because there is much overlap between these levels we will focus our attention on the study of a few significant cases. The protection of intangible creations falls, internally, within the scope of private law, criminal law and civil law, but it also concerns commercial law, business law, etc. . . Internationally, this protection fits international private law. The scope of copyright continues to expand due to the development of knowledge society and innovation. Thus, we will pay particular attention to copyright rather than to patent rights, because, first, it seems more seriously threatened by the development of ICT and, secondly, because industrial property enjoys an older, and more effective protection, though more easily circumvented. Some wonder if the simplification of protection would not contribute to better protection. The complexity of mechanisms of protection is, apparently, at the source of the difficulties faced by the law on intellectual property in its adaptation to new constraints. Should we not relax these rights, making them more flexible by restricting them to the specific object of the law, which would allow for a better targeted and a more effective protection? The question then becomes centered on copyright protection. We know that, internally, copyright enjoys the protection of civil and criminal law. But the protection of intangible creations raises also economic, social and cultural issues. Is it possible to use ancillary means of protection to complement criminal and civil law? Is it possible, in agreement with those who call for a decriminalization of business law, to consider quasi-criminal penalties? Finally, can we effectively implement protection mechanisms at international and regional levels?
Galan, Delphine. "La protection de la création olfactive par le droit de la propriété intellectuelle". Phd thesis, Université d'Avignon, 2008. http://tel.archives-ouvertes.fr/tel-00481302.
Texto completo da fonteGrenier, Christophe. "Transformation de programme et protection de la propriété intellectuelle - préparation, intégration et vérification". Phd thesis, Ecole Polytechnique X, 2013. http://pastel.archives-ouvertes.fr/pastel-00915579.
Texto completo da fonteMori, Sarti Otávio. "La protection du patrimoine agricole au Brésil : aspects de propriété intellectuelle et concurrence". Thesis, Toulouse 1, 2013. http://www.theses.fr/2013TOU10081/document.
Texto completo da fonteThe reciprocal influences between competition law and geographical indications, in Europe and in Brazil, shows us different approaches adopted for the protection and development of the agricultural sector. This relationship is well established in numerous European relevant markets, particularly in France, being considered the intellectual property framework. This approach reveals some aspects of the agricultural common policy adopted in European Union, where appellations are intended to be used as a tool for internal market accomplishment, for reacting to overproduction/protectionism concerns and for aggregating value in order to increase exports. On the other hand, Brazil has not developed yet a clear competition policy in agricultural sector nor a strong geographical indication based market. This context derives from the Brazilian economical environment and competition law history, which encourage trademarks and biotechnology rather than geographical indications as an intellectual property framework for agricultural sector and food industry. Another reason is that Brazil is the owner of a great biodiversity which is not exploited yet, asking for a model of protection that does not fit exactly into the geographical indications requirements.Brazilian geographical indications is more requested only on the basis of external demand, as it can be seem in the markets of coffee and cachaça, demonstrating that the TRIPs agreements is not well adaptated into the Brazilian agricultural sector, leaving space for further sui generis intellectual property rights. Geographical indications are a legal concept created if only some specific social, cultural and economical conditions were reunited. Otherwise, as a social institution, geographical indications should be adapted in order to be applied in the Brazilian context. Furthermore, the economical and political environments promote the evolution of the concept of appellations of origin towards competition law in the European context, creating new goals to intellectual property
Puttemans, Andrée. "La protection des droits intellectuels par l'action en concurrence déloyale". Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211952.
Texto completo da fonteMankou-Nguila, Armand Charlebois. "Analyse de la protection de la propriété intellectuelle en droit communautaire : état des lieux". Toulouse 1, 2008. http://www.theses.fr/2008TOU10071.
Texto completo da fonteBeyond notional analysis and the property/intellectual property rapport, this Dissertation will adress the issue of the relationship between Community Law and protection of intellectual property. The logic behind Community Law is one of free movement and free competition. Consequently, it requires that the general interest be taken into account. Clearly, this logic runs counter to the protection of intellectual property rights. There lies the juxtaposition of two different - indeed opposing - types of logic. The analysis of jurisprudence shows that such contradiction often results in the prioritization of interests by the Court. Such prioritization implies the primacy of community interest in free movement and free competition, to the detriment of intellectual property rights. Indeed, from the perspective of Community Law, intellectual property rights may appear as the very negation of the principle of free movement and free competition. Since the protection of rights falls under the seal of national legislation, it is plausible to fear a distortion of competition at the community level. The Dissertation seeks to analyze the quest for rules of "peaceful" coexistence between the community logic and the mechanism for the protection of intellectual property. The law aside, the issue of rights protection raises a serious economic problem. In effect, at a period of movement towards Globalization Law, it is imperative to harmonize community protection, even as the question arises to the advisability of protection at the international level
Aarab, Karim. "Propriété intellectuelle : analyse du principe de la double protection juridique des dessins et modèles". Lyon 3, 2010. https://scd-resnum.univ-lyon3.fr/in/theses/2010_in_aarab_k.pdf.
Texto completo da fonteThe protection of industrial designs in France has developed considerably since the French Revolution. The law of July 14, 1909 on the protection of designs represented the French legal tradition. This law fully established the theory of the unity of art that reigned during the whole 20th century. As a consequence of this theory, an industrial design was protected according to the copyright law and the design law concurrently and automatically. The term of protection was thus so long; moreover, excluding some categories of industrial creations, the previous designs law completely absorbed by the copyright law. The EU’s Directive of October 13, 1998 on the legal protection of industrial designs made a big difficulty to apply the theory of the unity of art in France. At first, it defines the objects of protection very objectively and the notions are not compatible any more with those in copyright law. Secondly, the estimation of the conditions of protection in the new design law is relative. To conclude, the application of the theory of unity of art is just artificial under the influence of the new design law. This theory does not have a legal foundation anymore. The current jurisprudence and doctrine disregard this innovation of the new design law. This very conservative attitude is just an annoying intellectual custom. Now the end of total protection is included in the unified interpretation that the Court of Justice of the European Union will give the new design right brought by the Directive and Regulation
Sani, Kabir. "Les mécanismes juridiques de protection de la propriété intellectuelle en Afrique Francophone de l’Ouest". Perpignan, 2014. http://www.theses.fr/2014PERP1189.
Texto completo da fonteFrom their Independence, African states, particularly those of Francophone West Africa will make intellectual property a pivotal part of their economic and social development. With the creation of OAMPI and OAPI, this goal seemed attainable. Unfortunately, more than half a century later, these states face difficulties of legal and institutional orders: mechanical transpositions Western or international provisions mismatch with the African social reality, a rare case and not enough law enforcement or complacent distrust of the defendant vis-à-vis justice, etc. . . . . Consequences: offenses multiply, with technology that increasingly sophisticated face to silence or inability of public authorities responsible for the protection components of intellectual property on this part of the African continent. To this is added the technological backwardness of the continent in this area. To effectively play its role as an engine of economic and social development of these countries, the effort to legislative and institutional harmonization of literary and artistic property must accompany the industrial property, while enhancing protection through the establishment brigades supported by lawyers and actors specialized in intellectual property law. As clearly, the holders of intellectual property rights are reluctant to go to court in Africa, it is appropriate to establish an independent administrative authority responsible for resolving disputes relating to intellectual property, composed of all those involved in the promotion of intellectual property. But it must first pass through the teaching of intellectual property in African universities as well as ongoing training for African judges in this area
Mba, Rose Chantal. "La protection des inventions en droit de L'OPAI : Organisation Africaine de la Propriété Intellectuelle". Lyon 3, 2004. http://www.theses.fr/2004LYO33011.
Texto completo da fonteCastell, Brigitte. "Contribution à l'étude de la règle de "l'épuisement du droit intellectuel" en droits allemand, français et communautaire". Nancy 2, 1986. http://www.theses.fr/1986NAN20002.
Texto completo da fonte"exhaustion" in intellectual property law is merely the concept used to express a simple legal idea according to which the exclusive right to market a product covered by a prerogative of industrial, literary or artistic property does not carry with it the right to oppose distribution, once the product has been subject to a legitimate first marketing. The first part of this study analyses the two main legal techniques put forward in theory and national jurisprudence to justify "exhaustion": optinal "exhaustion" and automatic "exhaustion". Concrete problems arising from the application of the "exhaustion" rule are treated in the second part. The moment and place at which the exclusive marketing right is exhausted are identified
Manai, Sarah. "L'adhésion de la Chine à l'OMC et le régime de protection de la propriété intellectuelle". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32078.
Texto completo da fonteRecently, intellectual property rights protection played a major role in the world. How can this right be protected properly and people get interests from it as much as possible? This has become an issue during the last decade. Indeed, the protection of the latter in terms of intellectual property rights has reached an unprecedented level. After joining the WTO in 2001, the People's Republic of China has made its intellectual property laws compliant with the TRIPS Agreement. Indeed, the integration of China into the global economy in the last years has been accentuated by its willingness to open its economy and to respect the rule of law when the country joined the WTO on December 11 2001.The progress made by China in the area of protection of intellectual property rights were more than important in a short period. Less than twenty years ago, the country was not able to build the necessary infrastructure to protect intellectual property rights. Nowadays, China has a modern set of legal instruments composed substantive and procedural law for each specific aspect of intellectual property, with no possible comparison with the rest of the world. In fact, between 1992 and 2001, many reforms were undertaken. China has agreed to extend its system of protection of intellectual property in all areas and has increased the protection to a high level, strengthening the implementation and enforcement of its intellectual property laws. However, the enforcement of these laws in China raises some problems. The purpose of this thesis is to illustrate the causes of the occurrence of these problems by explaining the TRIPS Agreement and the Chinese law of intellectual property, and analyze the similarities and also differences between both of them. Based on these differences, the imperfections of Chinese law will be illustrated by the dispute before the Dispute Settlement Body of the WTO between the United States and the People's Republic of China on measures affecting the protection and respect for intellectual property rights in China (2007-2009). The causes of cracks in the system of protection of intellectual property have its roots in Chinese history, Confucian culture and the Chinese conception of law. The new intellectual property regime has enhanced the transparency and efficiency of transactions of products bearing intellectual property rights between Chinese enterprises and foreign enterprises, and has helped China to build its capacity for innovation in China in this period of transition to an economy that places greater emphasis on innovation as did Taiwan or the Republic of Korea before. Indeed, the emergence of China as a leading nation in science energizes the intellectual property law by a strong domestic demand for innovation and intellectual property rights. The purpose of this work is to establish an assessment of the positive impact of TRIPS on intellectual property law in China, with one hand, a national legislation on intellectual property in line with the TRIPS and on the other hand, the failure of the enforcement of intellectual property rights in practice
Youssef, Mohammed. "Le contrat d'entreprise et la propriété intellectuelle : étude en droit français et syrien". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1028.
Texto completo da fonteThe specificity of the subject of intellectual property entitled to a singularity of the contract of enterprise regime. The assertion is evident both on the literary and artistic property as about industrial property and therefore called the search for a general theory.Concerning the literary and artistic property, the existence of moral rights of the author disrupts the contractual relationship and justify the implementation of an important formalism. The aim of the legislator is then to try to protect the author, seen as the weak party to face the project Owner. And although some exceptions have been introduced, they remain insufficient. Nevertheless, such a method "principle - exception" proves alternately unnecessary or harmful, so the exceptions should be converted into common rule. For example, the initial attribution of copyright to the Owner project under the collective work or software should be generalized.If the protection provided to the contractor under the law of literary and artistic property thus appears excessive, it is insufficient otherwise under the law of industrial property. Indeed, despite identical basis, the contract of enterprise for industrial property rights is governed by the provisions of the Civil Code, which do not protect the author or creator. Thus, in this context, the inventor does not have a right to remuneration proportional because the economic aspect dominates all stages of the contractual relationship, obtaining creation to its exploitation. Nevertheless, the rules of the attribution of the right to creation industrial are not clear
Jalal, Hind. "L'apport des conventions internationales à la protection juridique des logiciels". Nice, 1996. http://www.theses.fr/1996NICE0037.
Texto completo da fonteDuchene, Anne. "Droits de propriété intellectuelle et nouvelles technologies : trois perspectives sur la nouvelle donne". Phd thesis, Ecole des Ponts ParisTech, 2004. http://pastel.archives-ouvertes.fr/pastel-00001356.
Texto completo da fonteGleize, Bérengère. "La protection de l'image des biens". Montpellier 1, 2005. http://www.theses.fr/2005MON10047.
Texto completo da fonteMahy, Kerzen. "La protection juridique des photographies". Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10075.
Texto completo da fonteReal issues regarding photographs exist when it comes to the difficulties met while exploiting copyright, but also as for the reluctances concerning the recognition of the original character of the photography. The judges face a difficult conciliation between the copyright, the rights of the images and the evolution of social networks on Internet. Every picture may be a work of art, only if it fills the criteria of originality. Images rights are protected by numerous articles, or sometimes it is put aside to derive profit from freedom of information or freedom of expression. Social networks are a consequence of the success of the digital technology, they introduce new possibilities of exposing each individual, of communication, of relationships and social interactions. Time, space and privacy take another dimension. It impacts the legal consequences of the right of users
Ekandzi, Nilce. "La protection des savoirs traditionnels médicinaux par le droit de la propriété intellectuelle dans l’espace OAPI". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020014.
Texto completo da fonteTraditional medical knowledge, which is the aspect of traditional medicine relating to the knowledge of plant-based therapy and which goes from collecting plants to issuing a finished product, is a key component for providing health care coverage for all. According to the World Health Organization (WHO), traditional medical knowledge contributes about 80% of primary health care in Africa. Traditional medical knowledge is perceived as a valuable source of information useful to eradicate African endemic diseases. The WHO and the African Union (AU) consider that traditional medical knowledge is a serious way for researchers to develop new and affordable drugs. Traditional medicinal knowledge is also important for the drug industry where it represents 30% of the researches made in the pharmaceutical sector and constitutes the main source of information in the herbal medicine sector. The drug industry’s increasing interest for traditional medical and the huge media coverage for biopiracy cases strengthened the (scientific, economic, social and politic) value of traditional medicinal knowledge and contribute to justify their protection. However contrary to the current trend in many African countries, it appears that the African Intellectual Property Organization (OAPI) and the Bangui Agreement, does not provide any suitable legal protective mechanism for the intellectual property rights of the holders of traditional medical knowledge (traditional healers, families, indigenous and local communities).In view of the limits and weaknesses of the intellectual property mechanisms to provide an effective protection to traditional medicinal knowledge’s holders, it is quite legitimate to question the legal mechanism or system to implement. In other words, what type of sui generis protection OAPI members can enact to protect traditional medicinal knowledge? This is the question that the present study intends to answer. The aim is to demonstrate from a prospective approach with regards to human rights, international intellectual property law, civil law, biodiversity law, and national laws, in particular the ones of the Republic of Congo (Brazzaville), that it is possible to build a coherent and adapted legal regime
Ekandzi, Nilce. "La protection des savoirs traditionnels médicinaux par le droit de la propriété intellectuelle dans l’espace OAPI". Electronic Thesis or Diss., Paris 2, 2017. http://www.theses.fr/2017PA020014.
Texto completo da fonteTraditional medical knowledge, which is the aspect of traditional medicine relating to the knowledge of plant-based therapy and which goes from collecting plants to issuing a finished product, is a key component for providing health care coverage for all. According to the World Health Organization (WHO), traditional medical knowledge contributes about 80% of primary health care in Africa. Traditional medical knowledge is perceived as a valuable source of information useful to eradicate African endemic diseases. The WHO and the African Union (AU) consider that traditional medical knowledge is a serious way for researchers to develop new and affordable drugs. Traditional medicinal knowledge is also important for the drug industry where it represents 30% of the researches made in the pharmaceutical sector and constitutes the main source of information in the herbal medicine sector. The drug industry’s increasing interest for traditional medical and the huge media coverage for biopiracy cases strengthened the (scientific, economic, social and politic) value of traditional medicinal knowledge and contribute to justify their protection. However contrary to the current trend in many African countries, it appears that the African Intellectual Property Organization (OAPI) and the Bangui Agreement, does not provide any suitable legal protective mechanism for the intellectual property rights of the holders of traditional medical knowledge (traditional healers, families, indigenous and local communities).In view of the limits and weaknesses of the intellectual property mechanisms to provide an effective protection to traditional medicinal knowledge’s holders, it is quite legitimate to question the legal mechanism or system to implement. In other words, what type of sui generis protection OAPI members can enact to protect traditional medicinal knowledge? This is the question that the present study intends to answer. The aim is to demonstrate from a prospective approach with regards to human rights, international intellectual property law, civil law, biodiversity law, and national laws, in particular the ones of the Republic of Congo (Brazzaville), that it is possible to build a coherent and adapted legal regime
Edou, Edou Paulin. "Les incidences de l'Accord ADPIC sur la protection de la propriété industrielle au sein de l'Organisation africaine de la propriété intellectuelle (OAPI)". Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30016.
Texto completo da fonteThe aim of this report is to list the implications of the TRIPS Agreement for the protection of industrial property in sixteen African states, parties to the Agreement establishing the WTO and members of the African intellectual protection organization (OAPI). Due to the requirements of conforming their legislation to the TRIPS Agreement, these countries have had to carry out an in-depth revision of the Bangui Agreement of 2 March 1977, relating to the creation of OAPI. This text, the Code on intellectual property of the above States, has undergone significant changes due to this revision. The effect of the TRIPS Agreement on OAPI has also changed the internal legal structure of these states, particularly their institutions and their administrative and legal practices. Moreover, some of the dispositions of the TRIPS Agreement, strongly contested by developing countries with considerable social problems, are facing increasingly hostile reactions from the populations and governments of the States. The requested demands in this respect by theses last have led to the Doha Declaration (Qatar) on the TRIPS Agreement in its relations on public health, of November 2001. The contents of this Declaration and the decisions which it brought about may lead to a renegotiation of the revised Bangui Agreement or the adoption of internal measures by Member states
Bizitou, Prosper. "Le nouveau régime de protection des dessins ou modèles industriels dans le cadre de l'accord de Bangui de 1977 créant l'organisation africaine de propriété industrielle". Paris 2, 1986. http://www.theses.fr/1986PA020032.
Texto completo da fonteBasire, Yann. "Les fonctions de la marque : Essai sur la cohérence du régime juridique d'un signe distinctif". Strasbourg, 2011. http://www.theses.fr/2011STRA4009.
Texto completo da fonteIn order to determine what is the purpose of a trademark, seen from a legal point of view, it was necessary to analyze the notion of trademark as considered by the European Union case-law in order to classify between the trademark's law functions and functions belonging to other fields of law. The final purpose of this essay was to suggest a consistent system regarding the rôle of trademark in the legal organization. In order to do it, the trademark needed to be comprehended as a link between economic operators and consumers the trademark is addressed to. The rôle of the trademark for the right-holder and its rôle for the consumer had thus to be distinguished. Regarding the right-holder, property law enabled to separate the patrimonial function of the sign, a function of identification of products and services, from the function of the right of trademark, which is a function of exclusivity. The study of personality rights and copyright allowed to analyze the functions of well-known or famous trademarks as being extra-patrimonial. Those trademarks seem to embody a moral right, accessory of the trademark right and protecting the personality of the right-holder in the framework of his business. Regarding the consumer, it shall be shown that the trademark right cannot be considered as having consumer-oriented functions : the consumer is neither subject, nor purpose of the protection conferred by the trademark right. The existence of the link between the consumer and the sign used as a trademark implied to analyze the trademark through other fields of law, such as consumer law, which stresses the social function of the sign, and competition law, which characterize the social function of the trademark right
Zhang, Shu. "De l'OMPI au GATT : protection internationale de droits de propriété intellectuelle (DPI) : étude sur l'évolution et l'actualité". Paris 10, 1994. http://www.theses.fr/1994PA100043.
Texto completo da fonteThe present thesis aims at a study of the evolution and the reality of the international protection of Intellectual Property Rights (IPR). Being the exclusivity of the WIPO for a long time, this protection is now jointly carried about by the GATT since the opening of Uruguay Round. From WIPO to GATT, this transfer of the gravity center can be explained by several political and economic elements, among which are the trade of the counterfeiting goods and, especially, the readjustment of the trade policy of the United States during the 70’s and 80’s. Against such a background, the TRIPS-negotiations have finally come to the conclusion of a specific agreement, which stipulates the general principles upon the IPS protection, the rules of the IPR and the means to implement them. An analytic presentation of this agreement is given hereby, so as to show the framework of the IPR protection under the GATT system. However, it seems appropriate to conclude that in a nearer future, neither WIPO nor GATT could be able to completely harmonize the various national legislations on the subject, because of the conflict of nation’s goal, which must obey to the need of the Development and Competition. So, the adequate protection of the IPR could only be a relative concept, depending largely upon the concrete stage of its economic and social development as concerned a given country
Benaired, Abdelghani. "La protection des marques en Algérie : propositions pour une modification du droit de marque". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0004.
Texto completo da fonteIn Algeria, trademark protection is put to the test by various forms of infringement, thus favoring a very deep sense of legal uncertainty. This research is intended to carry out a study of Algerian positive law in order to evaluate the provisions relating to the protection of the brand and to identify the incomplete provisions to try to provide solutions. We will analyze the legal existence of the mark in order to understand when the holder benefits from a protection on his mark, then to expose the instruments envisaged in the legislation to implement the protection granted to the mark before and after its registration, which is the purpose of the first part. In the second part, we will study the protection of the brand with regard to comparative law by analyzing concepts and principles provided for in foreign rights, such as the acquisition of trademark protection by use, the protection of non-visual marks and the risk of association in the minds of the consumers. We are also interested in the search for a more complete procedural system than that already adopted in Algerian law. It would be important to have a judicial appeal against the refusal of registration and the opposition procedure against trademark applications ; two procedures neglected by the Algerian legislator. In the end, we try to seek a better protection of the well-known brand, to propose these concepts and principles, after trying to adapt them to the situation in Algeria, as solutions to make Algerian positive law more effective and complete
Kapyrina, Natalia. "L'internationalisation de la protection des dessins et modèles". Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAA007.
Texto completo da fonteThis thesis uncovers the legal dynamics which contribute to the international protection of industrial designs. To that end it analyses the conventional international framework and brings together comparative insights, as well as institutional, historical and economic analysis. Whereas the defects of past substantive harmonisation efforts are clear at first sight, a shift in perspective allows not only to bring a set of justifications, but also to evidentiate converging tendencies which are driven through other vectors. Among those are the informal convergence towards a normative model, the activity of the Judiciary as well as regional integration. Further efforts of such internationalisation will have to comply with a need for coherence and respect for diversity. Instead of further substantial harmonisation, additional procedural coordination, as well as international cooperation on specific projects find endorsement
Alanzi, Abdulsalam. "L'OMC, les pays membres du Conseil de coopération du Golfe arabe et la protection de la propriété intellectuelle". Université Robert Schuman (Strasbourg) (1971-2008), 2005. http://www.theses.fr/2005STR30004.
Texto completo da fonteThe purpose of this thesis to study the compatibility of the protection of intellectual property rights in the Cooperation council for the Arab states of the Gulf with the Trade related intellectual property agreement of the World trade organization (the Trips agreement of the WTO). Renowned in the past as being a haven for pirated and counterfeited goods from Asia, the Gulf countries remained for years in top position in the famous US Trade representative's special 301 list. The lak of an appropriate law to protect intellectual property rights had often been denounced as being an incentive for piracy and counterfeiting. Nevertheless, there has been some significant improvement in all these areas over the past few months. First, the Gulf Co-operation council respected the general protection of the intellectual property of the Trips agreement by their tender to the general provisions, basic principles and their respected to enforcement of intellectual property rights. Secondly the Gulf Co-operation council respected the special protection of the intellectual property of the Trips agreement, the Gulf Co-operation issued a new laws for copyright, patent, trademarks and designs and industrials models. On the legislative level, most of GCCA countries still have to enact provisions to protect the layout-designs (topographies) of integrated circuits, geographical indications and protection of undisclosed information to fully comply with requirements of the Trips agreement
Fabre, Paul. "La protection internationale des appellations d'origine contrôlée". Toulouse 1, 2005. http://www.theses.fr/2005TOU10019.
Texto completo da fonteSince Ancient time lots of products are identified through their geographical origin. This identification is of consequence in economy. It allows the whole collectivity to beneficiate from the knowledge of a product and to the farmers to produce and sell, not only materials but particular productions. It also allows to give informations to the consumer. But, according to the large economical significance of such products, fraudulent trading is quickly developed, forcing the government to legislate. France is one of the first countries to set a specific law aimed to protect such products. It mainly developed an original concept: the one called “appellation d’origine contrôlée (AOC)”. This notion regarded as a public law institution, profit from an independent protection particularly strong. This approach doesn’t agree with the anglo-saxon’s countries. These last, without any ancient tradition on the matter, do not recognize such notion and favour recourse to Certification trademarks in order to assure their protection. These differences have prevented an efficient international’s protection. This geographic indications protection in the Agreement on the Trade-Related Aspects of Intellectual Property (TRIPS) caused as many hopes than fears. Such agreement doesn’t really recognize the AOC concept and the established protection shows many weakness. Nevertheless, many countries have included in their national law the notion of quality and geographical label. The TRIPS agreement seems to have generated a favourable dynamic to these notions
Pouchard, David. "La protection des auteurs d'oeuvres audiovisuelles dans la communauté européenne". Nantes, 2001. http://www.theses.fr/2001NANT4016.
Texto completo da fonteBuydens, Mireille. "La protection des prestations quasi-créatives en droit comparé (droit allemand, droit français, droit belge)". Doctoral thesis, Universite Libre de Bruxelles, 1991. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/213060.
Texto completo da fonteDiop, Falilou. "Uniformisation du droit de la propriété intellectuelle et conflits de lois dans l'OAPI". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3046.
Texto completo da fonteThe idea that the uniformization of intellectual property law eliminates the problem of conflict of laws seems to be deeply rooted in the opinion of observers who have taken an interest in OAPI law. At least, the studies that relate to intellectual property in this space do not specifically address the issue of conflict of laws. When they mention it occasionally, they essentially limit themselves to asserting that the uniform law eliminates the problem of conflicts of laws. This common observation nevertheless deserved to be verified. The first part of this thesis is devoted to such a verification. This verification was carried out by means of a comparison between the effects of the uniform intellectual property law and the causes of the problem of conflicts of laws. The results of this confrontation show the persistence of the problem of conflicts of laws within the OAPI area, even if uniform law does not fail to influence its configuration. The second part of the thesis is devoted to the search for solutions adapted to the configuration of the problem within the OAPI area. This search for solutions considers the objectives of the uniformization of intellectual property law, the international commitments of the member states as well as the specific interests that the identification of the applicable law seeks to serve. It leads, on the one hand, to the proposal of positive solutions concerning the jurisdictional coordination necessary for a uniform realization of intellectual property rights; on the other hand, to the development of rules intended to identify the law applicable to different aspects of intellectual property
Kalinda, François-Xavier. "La protection des indications géographiques et son intérêt pour les pays en développement". Strasbourg, 2010. http://www.theses.fr/2010STRA4009.
Texto completo da fonteGeographical indications like any other intellectual property right are territorial in nature and they confer exclusive rights. They are associated with products which contain a considerable commercial value and are subject to international transactions. For this reason, they may be susceptible to misappropriation, counterfeiting and other forms of abuse. This explains the need for an international cooperation to protect them on international level. Globalization of intellectual property rights was made possible by the signing of the agreement establishing the World Trade Organization (WTO) which, through its Annex lC which forms the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), has made geographical indications a valuable tool for international trade. However, this globalization did not solve the issue of their level of protection. In many developing countries, the new round of trade negotiations called the "Doha Development Agenda (DDA) and the proliferation of bilateral and regional trade agreements have initiated a growing interest for the protection of geographical indications. These countries are seeking to use geographical indications as a tool to promote rural development and exports of specific products while preserving the national cultural heritage. This thesis examines to which extend, in the context of globalisation, an effective protection of geographical indications at national and international level can contribute to the development of developing countries
Gestin-Vilion, Claudia. "La protection par le droit d'auteur des créations générées par intelligence artificielle". Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28192.
Texto completo da fonteNgo, Mbem Stéphanie Rhodes. "Les enjeux de la protection des dessins et modèles industriels dans le développement en Afrique : le cas des pays membres de l'Organisation africaine de la propriété intellectuelle (OAPI)". Strasbourg 3, 2007. http://www.theses.fr/2007STR30024.
Texto completo da fonteThe debate on the importance and the role of intellectual property in the development in Africa was focused up to now on patents at the expense of other forms of appropriation of intellectual rights such as industrial designs’ right. However, the commercialization of the rights on ornamental creations is likely to generate economic values that could contribute to the realization of development objectives of African countries. The effectiveness of such a valorisation among other things is dependent on the existence of a protection system created to meet such objectives, as well as an international rules supporting the transnational commercialization of industrial designs and taking into account the level and the needs for development of African countries. The presentation of the industrial designs’ system of the AIPO will enable us to examine whether these concerns are considered
Gourdin-Lamblin, Anne-Sophie. "Un aspect de la protection de la propriété intellectuelle dans le cadre des douze états membres de la Commununauté européenne : le brevet". Lille 2, 1994. http://www.theses.fr/1994LIL20013.
Texto completo da fonteThe european community needs an appropriate systeme of legal guarantees, and especially a personnal system of patent,to master new technologies and so to keep its economical and political independance. At the moment, the protection given to inventions in the community territory is not efficient by the lack of a unified patent system and the addition of different legislations in spite of the harmonisation's efforts within international organisations. This situation, which is the result of the treaty's silence, of the contradiction between intellectual property rights and communautary principles and, mainly, of the member states'opposition, is no more acceptable when the community tries to develop a european technology. Nevertheless, there are hopes of improvments. The community develops efforts to determine spicifical rights to protect new technologies. At the same time, the negociations try to give effect to the luxembourg convention on the community patent. Unfortunately, whereas intellectual property's stakes become clear and fundamental, intellectual property rights have been introduced in the gatt negociations, the lack of political will to elaborate a community system of patent delay the ameliorations. The way inventions are protected by patents in the community reveals that economical integration is not relieved by legal integration. The thesis presents
Rikabi, Mouaz. "Les droits de la propriété intellectuelle et l'intérêt général : approche en droit d’auteur et en droit des brevets". Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0019.
Texto completo da fonteThe evolution of the industrial economy towards the economy of knowledge has propelled intellectual property to the forefront. Intellectual property has become integrated in all the domains of the modern life. As a result, it has become a necessity to protect it effectively through appropriate legal rules that encourage creators to continue to provide new creations. However, the specificity of the nature of the work protected by intellectual property requires the consideration of multiple conflicting interests. As such, the legislator has sought, in the name of the general interest, to create a fair internal balance between the main interests present within the system of intellectual property rights. Nevertheless, the exercise of the prerogatives granted by the intellectual property system, carried out by the owner of intellectual property, has caused an important expansion of the interests of this owner, to the detriment of other concurrent interests. This has consequently caused a break in the internal balance of the system, instigated by the legislator. Nonetheless, the general interest can play a key role in restoring balance through the application of external rules to the intellectual property regime. In this perspective, the judge can, by using his creative power of jurisprudence, use the general interest as a guideline to restore balance in the intellectual property system. The general interest justifies thus, as well as the intrinsic limits to intellectual property rights, the extrinsic limits to these rights
Chen, Szu-Ting. "Droit d'auteur et protection technique des oeuvres : étude de droit comparé européen et asiatique". Nantes, 2010. http://www.theses.fr/2010NANT4024.
Texto completo da fonteDigital technology reinforces to the protection of works against piracy; in turn, copyright law mitigates the vulnerability of technology by prohibiting the circumvention of technological measures protecting the works. The WIPO Treaties of 1996 required merely signatory States to establish an appropriate legal protection of technological measures. What does the “appropriate ” legal protection mean? It generally consists of anti-circumvention provisions: how are they being received in copyright law? An analysis of these measures shows that European (French) and Asian (Taiwanese, Chinese and Japanese) legislations are disparate on the modes and the intensity of the protection of technological measures. Overprotection of these measures allows a control of access to work, which is foreign to copyright law. A study of the modes for limiting the legal protection of technological measures confirms the need to maintain a balance of interests, through various mechanisms which moderate undesirable effects of these measures on exceptions author’s rights and other interests. It is in this balance that we will find an “appropriate ” protection of technological measures
Auffrais, Arnaud. "La protection juridique des résultats de la recherche scientifique : la recherche publique à l'épreuve du brevet d'invention en biothechnologie". Nantes, 2007. http://www.theses.fr/2007NANT4019.
Texto completo da fonteIt is usual to contrast a "scientific" public research producing non appropriable goods with a research supposed to be technological or applied, mainly private, the results of which are protected by secret or intellectual property. This model is now thrown back into question. With the development of knowledge economy, the public research is more and more induced to develop its works economically and to protect them with intellectual property rights. At the same time, private companies compete more and more with public research organizations in the production of scientific knowledge and sometimes diffuse them freely. In this context, the protection by a patent of the results of scientific research brings threats on the public research tasks, especially in the domain of biotechnology. These threats are not new. However, they are stronger than they used to be. These threats practised by the patents raise a strong anxiety because the stakes are high. The protection of an "open science" is necessary to ensure a sufficient allocation of resource in the production of knowledge. A development of the right of patents would reconcile the patent with the model of "open science". It would make the right of patents more coherent. It would promote the patent again. Finally, it would help to formulate the basis of a common right of the intellectual property while protecting and/or increasing the matrix function of the civil Code
Caron, Sandy. "La protection des créations générées par intelligence artificielle par le droit d'auteur canadien". Master's thesis, Université Laval, 2018. http://hdl.handle.net/20.500.11794/34501.
Texto completo da fonteThe emergence of artificial intelligence programs capable of generating artistic works, musical works and literary works raises many stakes, especially in copyright since it becomes harder to notice the difference between creations made by a human and creations made by artificial intelligence. If these creations can nowadays be mistaken, then it is relevant to question ourselves about the legal system that is applicable to them. Not long ago, questions about copyright on work created by computer programs didn’t create debates since programs were only considered as a tool for the author’s use. However, the recent progress of artificial intelligence programs shows that their implication in the process of creation goes beyond simple assistance. Therefore, it becomes necessary to question ourselves on the identity of the work’s author, the copyright ownership and the opportunity of recognizing a juridical personality to the artificial intelligence.
Richard, Jeanne. "La divulgation de l'information protégée et les libertés économiques". Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV073/document.
Texto completo da fontePossession and exploitation of information are essential to the development of the contemporary economy, making the identification as well as the protection of information permanent stakes for economic operators. But information is not always given the same value. Only those which are granted direct or indirect protection, and which give a competitive advantage are subject to close scrutiny by companies and competition authorities. In this context, economic freedoms, circumscribed by contractual freedom, freedom of enterprise and free competition, may in turn be considered as guide, a support or a limit to the disclosure of protected information. Justifying the lack of disclosure of some protected information, economic freedoms ensure the respect of trade secrets. Conversely, they may force the disclosure of protected information, and dictate the terms of this disclosure. Following a pendulum movement, the conditions for disclosure of protected information, in informal exchanges, in the framework of standardization operations, or in view of free provision, influence economic freedoms which in turn are constrained, reinforced or renewed by this operation. Following these constant interactions that draw on an evolving framework, it appears important to question the real autonomy of the economic actor’s will in the management of their protected information
Sorgho, Zakaria. "Protection des dénominations géographiques dans l'Union Européenne : effectivité et analyse des effets sur le commerce". Doctoral thesis, Université Laval, 2014. http://hdl.handle.net/20.500.11794/25444.
Texto completo da fonteThe protection of geographical indications (GIs) is a very controversial subject at the World Trade Organization as well as in the negotiations of bilateral trade agreements like the Canada/European Union Trade Agreement (CETA). This is mainly because different countries have very different views on how to go about protecting GIs. North American countries favor trademarks because they believe that the “know-how” can be transferred across geographical boundaries and that it is possible to replicate or even improve on ancestral production processes developed in a given region. “Parmesan” cheese and “Parma” ham are examples of products manufactured and marketed under these names in Canada. The European Union (EU) promotes a « terroir » approach, applying a sui generis protection, which grants a monopoly of the GI to producers located in a specific region. The first European regulation of GIs was adopted in 1992. But more than 20 years later, the effectiveness of GIs in the EU Member States appears mixed. Our thesis attempts to explain reasons for this situation and analyzes the trade-impact of GI protection considering trade within the European Union. Our research on reasons highlights two key issues related to the European GI regulation: potential conflicts between geographical marks (containing geographical names or terms) and sign of GIs (IGP/PDO), and the degeneration of GIs. In addition, we note that consumers are comparatively confused between GIs products and organic products, and small potential producers are rather deterred by the costs of GIs implementation, monitoring and control. Our findings suggest that the protection of GIs creates trade when the importing and exporting countries have GI-protected products. Trade increased by 0.76% when both exporting and importing countries have protected products, after controlling for the effects of others determinants of trade. There is also empirical evidence regarding a trade-diverting effect when the importing country does not have GIs. In addition, our results note a border enlargement effect arising from European GI-protection. An analysis by sector of production indicates that the trade-impact of protecting GIs in some sectors is more important than other sectors.
Salas, Pasuy Brenda. "Protection de la mode en droit colombien : le recours aux dessins et modèles". Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020027.
Texto completo da fonteThe design and production of a fashion item involves the talent and expertise of the designer. Along the design process, the designer has to make decisions on raw materials, end use,and the actual product to which design is to be applied. This multi-faceted intellectual process behind the fashion design must be protected by the legal system. It is important to conduct an overall study of the fashion sector taking into account the creative process in order to provide the designer with legal guarantee in regards to the object to be protected and the scope of rights. There are well known instruments that protect intellectual property such as trademarks, copyright, design patents and industrial design law. Colombia has chosen to follow the industrial design law which, given the dynamic nature of fashion, seems to be inadequate. This thesis presents the existing problems in the Colombian legal system and the solutions offered by other legal regimes to protect fashion more adequately
Esquis, Amandine. "De la marque traditionnelle à la marque atypique : l'exemple de la marque olfactive". Thesis, Université de Lorraine, 2014. http://www.theses.fr/2014LORR0023/document.
Texto completo da fonteEuropean law allows theoretically since 1988 the registration of all kind of trademarks, olfactory ones included. The legal protection of such signs using trademarks law became necessary with the birth of olfactory marketing. However, in the actual state of knowledge, the requirement by the European Court of Justice of a graphic representation as a condition to the registration is an obstacle to the effective registration of olfactory trademarks. In addition, consumers do not regard fragrances as actual distinctive signs, so the distinctivity of such trademarks is often debated. In order to allow such a protection, the place of olfactory signs shall be legitimated. This legitimization shall be obtained by realizing a precise analysis of the context of evolution of this sign (both national and international). Its ability to adapt to trademark law will thus be demonstrated. Once the place of olfactory signs is justified, it will be possible to show that fragrances deserve the qualification of olfactory trademark. Indeed, nowadays, scientific progress allows the graphic representation requirement to be satisfied, and it appears that, in practice, the distinctivity of fragrances is effective. Olfactory trademark should then be completely admitted
Franjus-Guigues, Dorothée. "Nature et protection juridiques des indications géographiques : l'avènement d'un droit à l'épreuve de sa mise en oeuvre". Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1017/document.
Texto completo da fonteGeographical Indication, a particularly specific distinguishing sign, experienced throughout the XIXth and XXth centuries, under specially scattered national legislations, joint conventions or bilateral agreements, even under the contentious use of legal means to combat unfair competition, different types of useful but limited protection. These latter, supported by the intervention of the European Community, had however the advantage of contributing to make a specific dedicated section emergence possible in the Trip's agreement. This text coming from the Marrakech Agreements which established in 1994 the World Trade Organization (WTO), recognizes in fact the Geographical Indications as an independent law of Intellectual Property. It allows them to rely on a definition and a legal system, and bind the different members of the WTO to their recognition and protection. In asserting a principle of liberty in the implementation of this new system which, contrary to the other rights of Intellectual Property, and particularly of marks, does not apply to a preexisting system, this Agreement has not resulted in a uniform effect but heterogeneity of national situations. In special cases, these situations may have led to a knowledgeable mix or substitution of concepts, particularly because of the Geographical Indications integration into preexisting systems of Intellectual Property such as certification marks. Beyond the recognition of the Geographical Indication definition in these texts, the existence of two types of protection, simple and additional, has also practical consequences on these different integrations
Chien, Min-Cheng. "Etude de la protection par le brevet des techniques relatives aux semi-conducteurs en droits Taïwanais et Chinois". Strasbourg, 2011. http://www.theses.fr/2011STRA4004.
Texto completo da fonteThe semiconductor industry is the mainspring of the Taiwanese economy. Taiwanese economy has to be the object of a protection by the implementation of a regime of protection by the intellectual property. It is thus essential to study the protection by patent of techniques related to semiconductors in Taiwanese and Chinese law. Indeed, the Taiwanese and Chinese legal systems prefer the patent as the mode of protection of the inventions concerning the techniques of semiconductors. It is not the only way to provide such a protection because these techniques may constitute a know-how which recovers from the law on the commercial secret in Taiwan and from the law on the protection against the unfair competition in China. To be patentable in Taiwan and in China, the invention has to fulfil the conditions of novelty, creative activity and industrial application. Since a technique relative to semiconductors can be the object of a patent, any violation of this right constitute a forgery, which when it is proved, is punished by the allocation of damages for the victim of the act of forgery. Finally, the study thus proposes a comparison of Taiwanese and Chinese law, what has consequences in determination of the applicable law and the competent jurisdiction between both banks