About the firm
16.03.2020
Dear all,
Given the current situation relating to the COVID 19, our priority remains to ensure security and safety of our teams while continuing to provide services on an ongoing basic.
Every lawyer remains operational and we have organized ourselves to keep providing assistance to you. Meetings will be held by way of phone or visioconference.
Though the desk remains operational, we thank you to prioritize communication with your usual contacts by email or by mobile phone.
In compliance with the instructions given by the French government, there will be no travel in France or abroad within the coming days.
Finally, the next conference breakfasts are cancelled and we will inform attendants of reschuled dates.
You can rely on us,
Best regards,
BCTG Avocats
Chers tous,
En cette période très sensible que nous affrontons tous, la priorité de notre cabinet est d’assurer la sécurité et la santé des équipes, tout en assurant la continuité de ses services.
Nos avocats demeurent opérationnels et nous nous sommes organisés pour continuer à vous assister. Les réunions se tiendront par conférence téléphonique ou visioconférence.
Même si notre standard reste opérationnel, nous vous remercions de privilégier les contacts avec vos interlocuteurs habituels par email ou par téléphone portable. Dans ce cadre et dans le respect des consignes imposées par le gouvernement, aucun déplacement en France et à l’étranger ne sera organisé dans les prochains jours.
Enfin, nous annulons les prochains petits-déjeuners conférences et tiendrons informées les personnes inscrites des dates de reprogrammation. Vous pouvez compter sur nous.
Meilleures salutations,
BCTG Avocats
Deals
30.08.2018
Newsflash
02.02.2018
The Intellectual Property team at BCTG Avocats appears in the 2018 ranking of the World Trademark Review (WTR 2018): the “tailor-made, cost-effective counsel” of the team “helps [its] clients to stay one step ahead of their competitors”.
Our Partner Gaëlle Bloret-Pucci, who manages the Intellectual Property team, is ranked as a recommended expert in the category « enforcement and litigation ». Her ability, efficiency, pragmatism and responsiveness are in particular acknowledged.
Newsflash
21.12.2017
BCTG M&A’s team composed of Séverin Kullmann, Catherine Dupuy-Burin des Roziers, Clément Sabatier, Augustin Nicolle and Diane Mouratoglou is yet again this year ranked 4*/5 (aka Band 2) in the M&A small to mid-cap category of French rankings Option Droit et Affaires.
The cabinet is quoted in the analysis like this : « Autre retour positif pour BCTG Avocats dont une entreprise souligne «l’excellent travail, la créativité, la réactivité et la disponibilité ».
Please find the whole rankings here.
Publications
06.12.2017
In a decision rendered within summary proceedings on November 21st, 2017, the President of the High Court of Justice of Paris has ruled that the ALIBABA entities cannot benefit from the limited liability granted to internet service providers (hosts) by the EC Directive 2000/31 but must be considered as editors, thus liable for the content posted on the platform, in consideration of its active role in the managing of such platform.
According to the Court, such active role of ALIBABA on the content of the website results in particular from the “premium” subscriptions offered to “big international groups” by ALIBABA (the income from which represents 27% of the global income of the ALIBABA group) as these subscriptions lead ALIBABA to favor certain companies, in particular through the ranking of offers and the possibility for the subscribers to create personalized shops. As a consequence, ALIBABA is influencing the content of the virtual shops and therefore has the status of an editor.
The Court also underlined the fact that ALIBABA states that it has enacted a policy to protect IP rights by which it reserves the right to withdraw infringing products, which implies that it exercises a prior control on the content of the offers published on its platform.
As a consequence of the above, the Court states that ALIBABA is held to monitor the licit nature of the information posted on all of the website.
Please find the full analysis of Gaëlle Bloret-Pucci, partner, and Georgina van der Heijden, lawyer, by clicking here.
Publications
27.09.2017
The necessary disclosure of the commercial nature of influencer posts
On June 14, 2017, INSTAGRAM application introduced a new tool enabling influencers to identify their content as being part of a paid partnership, thanks to the tag “paid partner with… ”.
Please find the full analysis made by Gaëlle Bloret-Pucci, partner, and Georgina Van Der Heijden, lawyer, by clicking here.
Newsflash
10.03.2017
French Law No. 2017-261, dated March, 1st 2017, aiming to preserve the ethic of sport, strengthen the regulation and transparency of professional sport and improve the competitiveness of clubs, known as "Braillard" law, was published in the French Official Journal on March, 2nd 2017.
Among several provisions, one of them now allows sports federations and professional clubs to remunerate professional athletes and trainers for the commercial exploitation of their privacy rights (name, voice, image ...) with royalties and no longer with a salary.
Article L. 222-2-10-1 of the French Code of Sport enables to distinguish between the remuneration of the athlete and/or the coach for their sporting activity, paid with a salary, and the remuneration for the exploitation of their image (in particular for advertising), paid with royalties.
The remuneration with royalties will thus be possible if the physical presence of the professional athlete is not required for the exploitation of his image and if this remuneration is not related to the salary received for his athletic performance but to the sales revenue or to the exploitation of the attributes of his personality.
The main purpose of this reform is to avoid athletes and trainers from having to pay social contributions on these remunerations, but they will still have to declare them to the tax authorities as non-commercial profits or industrial profits.
The law still have to be completed by establishing detailed rules for the calculation and allocation of this image right.
National agreements or collective agreements, concluded by discipline, should also provide a framework to avoid any abusive use of this new remuneration, by fixing a royalty cap for the athlete or professional coach, as well as a minimum remuneration through the employment contract.
Newsflash
06.07.2016
Events
29.04.2015
For more details, please contact Laetitia Lemmouchi-Maire
Newsflash
28.04.2015
For more details, please contact Sabine de Paillerets