French avocat (inscrit au barreau) — copyright enforcement, constat internet and mise en demeure

Posted 3 days ago

Worldwide

Summary

We are a UK intellectual property consultancy acting for an overseas brand owner. We need a French avocat for two related copyright (droit d'auteur) enforcement matters concerning advertising videos reproduced without authorisation on Meta platforms and on e-commerce storefronts. Matter A. Identified infringer. A French SAS with two directors, trading through six country storefronts, succeeding two earlier brands run by the same company. We hold the AFNIC registry records, corporate filings, an evidence pack and a schedule of the advertisements complained of. Work required: Review the evidence pack and advise on its sufficiency under French law Settle the réquisition instructing a commissaire de justice for a constat sur internet, and review the resulting procès-verbal Settle and send, under your own name and signature, a mise en demeure to the company and to both directors personally, requiring cessation and non-recurrence, seeking a signed written undertaking, and claiming reimbursement of costs with damages reserved Advise in outline on the options thereafter Matter B. Unidentified operator. A second brand where the operator is anonymous. We need a short scoping note, not a full opinion: Mechanisms available to compel identification of an anonymous online operator Whether the ex parte requête route remains open to a civil claimant since 31 July 2021, or whether a procédure accélérée au fond is now required Availability of a saisie-contrefaçon under CPI L.332-1, and what it requires as to title and an identified target Personal liability of directors, and how realistically it can be pursued Whether a constat should be commissioned before identity is resolved Essential requirement You must be an avocat inscrit à un barreau français, currently registered and insured. A mise en demeure has to go out under an avocat's own name, so this cannot be done by a paralegal, juriste or non-practising lawyer. Please state your barreau and your year of admission in your proposal. Applications that do not state a barreau will not be considered. Also required Demonstrable experience in droit d'auteur enforcement, not only trademarks Experience instructing commissaires de justice for constats sur internet Working English, or a clear proposal for how correspondence will be handled Budget and terms Fixed price of €1,000 excluding VAT for the scope above. The commissaire de justice's fees and any third-party costs are separate, charged at cost, and require our written approval before they are incurred. Any court proceedings, an Article 145 CPC application or a saisie-contrefaçon would be scoped and quoted separately. Timing Urgent. The advertisements and the storefront can be removed at any moment and once gone they cannot be captured by anyone, so the constat is the immediate priority. In your proposal, please answer: Which barreau are you registered with, and since when? Describe one droit d'auteur enforcement matter you have handled, and what the outcome was. On Matter B, is the ex parte requête still available to a civil claimant seeking identification data from an intermediary, or not? A short answer is fine. What protocol do you specify when instructing a commissaire de justice for a constat sur internet?

  • More than 30 hrs/week
    Hourly
  • 1-3 months
    Duration
  • Expert
    Experience Level
  • $150.00

    -

    $200.00

    Hourly
  • Remote Job
  • Ongoing project
    Project Type
Skills and Expertise
Intellectual Property Law
Activity on this job
  • Proposals:Less than 5
  • Last viewed by client:2 days ago
  • Interviewing:
    1
  • Invites sent:
    9
  • Unanswered invites:
    8
About the client
Member since Nov 11, 2023
  • United Kingdom
    Poole7:57 PM
  • $2.4K total spent
    15 hires, 7 active
  • 6 hours

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