Emmanuel G.Baud

Partner

(T) 33.1.56.59.39.18

Emmanuel Baud, who leads the 12-person intellectual property team in the Paris Office, handles IP litigation for French and international clients. His experience involves patents, trademarks, copyrights, designs, domain names, know-how, trade secrets, software, and geographical indications as well as unfair competition/passing off matters. Emmanuel litigates these matters before national and European jurisdictions and institutions.

Emmanuel regularly assists clients in the drafting and negotiation of IP/IT-related agreements. He focuses on cross-border transfer of technology and/or licensing within the context of national or international transactions for publicly or privately held companies and investment funds. In addition, he has extensive and recognized experience in the field of protected geographical indication (PGI), particularly with appellations of origin (AOC), representing major beverage and food industry players and entities in charge of defending GIs in their contentious and regulatory matters. He works closely on these issues with the Firm's competition/antitrust and public law practices.

Emmanuel is a member of the Association des Praticiens du Droit des Marques et des Modèles (APRAM) and is its former president (2010-2012), the International Trademark Association (INTA), and a member of the Board of Administration of the AIDV (Association Internationale des Juristes du Droit de la Vigne et du Vin — International Wine Law Association).

Experience

Leading Japanese pharmaceutical company seeks compensation against generic manufacturers
Jones Day is representing a leading Japanese pharmaceutical company in claims against several generic manufacturers involving the launch of products in France.

CAMUS seeks IP counseling for trademark and copyright infringement issues in China involving La Grande Marque cognac
Jones Day provided assistance to CAMUS, producer of La Grande Marque cognac, in a trademark and copyright infringement matter in China.

ETS defends against unfair competition claims in Paris
Jones Day is assisting Educational Testing Service in various IP-related matters, including an unfair competition proceeding brought before the Paris Commercial Court against an ETS licensor by a third party regarding use of the name of a teaching method.

BNIC seeks IP advice on protecting Cognac trademark from being misused
On behalf of Bureau National Interprofessionnel du Cognac (BNIC), Jones Day advised regarding the identification of the different legal grounds which could be involved to preclude Cognac producers from using its well known Cognac trademark for a brandy, i.e. for a product other than Cognac.

Major Japanese chemical company engages in multijurisdiction patent dispute
Jones Day advises a major Japanese producer of specialty chemicals in a multijurisdictional patent dispute in Europe, including representation before the courts in France and Germany.

Knoll International seeks IP counseling in various matters
Jones Day provides IP advice and counseling to Knoll Internartional in various IP matters.

Bongrain seeks IP counseling regarding appellations for cheese products
Jones Day advised Bongrain Soparind, a worldwide leader in producing cheese, in a matter involving its use of a denomination similar to an existing Protected Geographical Indication for some of its products.

ACS defends "ALCOLOCK" trademark and strengthens portfolio
Jones Day is assisting the Canadian ACS company, manufacturer and distributor of vehicle alcohol interlock devices, in various trademark infringement claims and related issues.

Abercrombie & Fitch seeks trademark advice regarding compliance with France's Toubon law
Jones Day assisted Abercrombie & Fitch Co. in analyzing the actual requirements for the use of the French language imposed by the Toubon law for trademarks and on various data protection issues and the risks of noncompliance.

Cascades completes sale of Norampac Avot-Vallée to OpenGate Capital
Jones Day advised Cascades, Inc., a leader in recovery and in green packaging and tissue paper products, in connection with its sale of Norampac Avot-Vallée, a producer of packaging materials composed of recycled fibers, to OpenGate Capital.

Bosch pursues trademark infringement charges against resellers of fake products
Jones Day successfully represented Robert Bosch GmbH in several trademark infringement criminal proceedings launched against various resellers of fake Bosch branded products. Assisted Robert Bosch GmbH and Robert Bosch France further to the action initiated by a former employee requesting the payment of an additional remuneration for the inventions he had developed when working for Robert Bosch.

Criteo completes IPO of American Depository Shares on NASDAQ
Jones Day advised Criteo S.A., a France-based technology company specializing in performance display advertising, in connection with its issuance of $288 million of Ordinary Shares in an initial public offering in the form of American Depository Shares on NASDAQ.

Additional Publications

  • June 2016“Verlados/Calvados – when circumstances evidence an evocation”; “Evin law prohibiting indirect advertising for tobacco products can be invoked by a tobacco manufacturer to justify the non-use of its trademark in defense to a revocation counterclaim” Intellectual Property Forum: Correspondent for France
  • March 2016“Lost in liquidation”; “French Constitutional Court approves additional restrictions on the use of tobacco trademarks” Intellectual Property Forum, Correspondent for France
  • December 2015"Geographic Indications, Certification Marks and Collective Marks: An International Guide"
  • December 2015Geographical Indications, Certification Marks and Collective Marks: An International Guide (INTA Publication; covering eighteen jurisdictions; co-editor)
  • December 2015“Inadmissibility of a copyright infringement action which is not brought against all the co-authors of a work of collaboration”; “Ownership of pictures realised by an employee of a photography agency” (Intellectual Property Forum, Australian Legal Journal, Correspondent for France)
  • 2015Community Design Regulation (EC) No 6/2002 - A Commentary Enforcement in EU Member States (France)
  • 2015Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark - A Commentary, Article 18 (Transfer of a trade mark registered in the name of an agent)
  • March 2014Descriptive Trade Marks for Sale, Intellectual Property Forum
  • Janvier 2014Les marques trinquent aussi, Revue des Oenologues
  • March 2014Sporting events are entitled to copyright protection says French Court, Intellectual Property Forum, The Journal of The Intellectual Property Society of Australia and New Zealand Inc.
  • September 2013Cancellation of agreements pertaining to personal data in the absence of CNIL notification, Intellectual Property Forum, Australian Legal journal: Correspondent for France, Issue 94)
  • June 2013The Paris Court of Appeals celebrates Gucci's Horsebit Loafer 60th Anniversary, Intellectual Property Forum, issue 93
  • June 2013There should not be a product "Foie gras with Champagne," says French Court, Intellectual Property Forum, The Journal of The Intellectual Property Society of Australia and New Zealand Inc.
  • May 2013Les restrictions imposées par la Loi Evin à la liberté des opérateurs économiques de déposer et de faire usage de marques qui désignent des boissons alcoolisées, Wine Law in Context, Working Paper
  • March 2013The use of the appellation of origin Bud for beers (in France and Austria) does not meet the “more than mere local significance” standard, Intellectual Property Forum, The Journal of The Intellectual Property Society of Australia and New Zealand Inc.
  • June 2012When disunited families find no salvation in trademark law, Intellectual Property Forum
  • June 2012PLC Intellectual Property multi-jurisdictional guide 2012-13: main IPRS short-guide Q&A, Practical Law Company
  • June 2012PLC IP in Business Transactions multi-jurisdictional guide 2012-13: Q&A, Practical Law Company
  • June 2012The annulment of an intellectual property right may not provide valid legal basis for the reimbursement of the damages paid by infringers of some intellectual property right in the past, Intellectual Property Forum, The Journal of The Intellectual Property Society of Australia and New Zealand Inc.
  • May 2012Are Trademarks for Alcoholic Beverages Being Exploited Responsibly?, Global Business Magazine (GBM)
  • March 2012The trademark “Wel Scotch” for beers does not harm the geographical indication “Scotch Whisky”, Intellectual Property Forum, The Journal of The Intellectual Property Society of Australia and New Zealand Inc.
  • 2011The implicit and statutory assignment of the right of reprographic reproduction does not include commercial exploitations of the works, Intellectual Property Forum
  • 2010In a conflict involving the children of a deceased author, the French Supreme Court favors the holder of the moral rights against the holder of the patrimonial rights, Intellectual Property Forum, Issue 82
  • 2010IP Client Strategies In Europe, contributor, 2010 Edition, Aspatore

Speaking Engagements

  • May 10, 2016Speaker at SODIAAL: How to Build A Legal Strategy in Reponse to Aggressive Anti-Milk and Anti-Farming Campaigns
  • February 10, 2016Speaker at the CNIEL: "How To Build A Legal Response to Aggressive Anti-Milk and Anti-Farming Campaigns"
  • October 2-4, 2015Speaker at the AIDV annual meeting held in 2015, on conflict of laws and jurisdictions in the wine trade and geographical indications matters.
  • October 17-19, 2013AIDV annual meeting on the possibilities for wine producers to file and register trademarks in light of the latest case law “Diptyque” rendered by the French Supreme Court
  • August 2, 2012Keywords in Advertising, a US and European Perspective
  • June 29, 2012Trade Secrets Conference
  • June 26th, 2012Trade Secrets Conference, APRAM and MEDEF
  • February 1, 2012Forum On Intellectual Property, Counterfeit, Contraband & Organised Crime, Kangaroo Group and IFRA
  • November 23, 2011IFRA IP workshop
  • November 7, 2011LES Automotive Group Meeting
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