Nathalie Dreyfus was appointed as an expert in industrial property and trademarks by the French Court of Cassation (French High Court) in December 2022 (specialty E.09.02). This prestigious title recognises her work and the highest level of expertise in this field. To fully understand the significance of this appointment, it is necessary to understand the roles and responsibilities of the Court of Cassation.
The Court of Cassation
The Court of Cassation is France’s highest court, responsible for ruling on appeals filed against decisions made by appeal courts and tribunals. Located in Paris, it consists of six specialised chambers that make decisions regarding disputes based on the underlying law. Its primary mission is to ensure the unity and consistency of case law by controlling the application of the law by lower courts. The Court rules on form rather than substance, which means that it only makes legal decisions and does not re-examine the facts of the case.
Positioned at the apex of the French judicial hierarchy, the Court of Cassation plays a critical role in safeguarding the overall integrity of the nation’s legal system. The decisions it makes are critical to ensuring consistency and legality within the legal system; they are binding on lower courts as precedents, and their weight in the law is substantial.
The Court of Cassation’s decision to appoint Nathalie as an expert in trademark law is a testament to her extensive knowledge and contributions to this area of industrial property law. In this role, she provides expert insight and knowledge on trademark law cases handled by courts, as well as at the request of lawyers or private parties seeking information on trademark law and intellectual property law more broadly. This can involve providing evidential expertise, brand evaluation, or design and model assessment. Nathalie also works as an expert to provide private opinions to trademark owners about potential infringements of their rights, as well as to compare brands, models, or websites. Additionally, she handles domain name and Web 3.0 issues and is frequently asked for her legal and technical opinion on a point of intellectual property law or a particular situation in the field.
The Court of Cassation has acknowledged Nathalie Dreyfus as an expert witness, attributing this recognition to her expansive knowledge and substantial experience in trademark law, design and model law, copyright law, and domain names. Impressively, she is presently the only female expert endorsed by the Court of Cassation under the specialty E.09.02 industrial property and, uniquely, the sole specialist in France focusing on brand-related matters.
Introducing Nathalie Dreyfus
Nathalie Dreyfus, the founder of Dreyfus Law Firm, is an intellectual property law specialist, Industrial Property Consultant, and European Brand Consultant who provides comprehensive advice on all facets of intellectual property law, encompassing the registration, defence, and evaluation of diverse intellectual assets such as trademarks, designs, models, copyrights, patents, appellations of origin, plant varieties, and domain names. Her expertise enables her to provide clients and the industry with comprehensive advice on all aspects of intellectual property law, including the registration, defence, and evaluation of various intellectual assets such as trademarks, designs, models, copyrights, patents, appellations of origin, plant varieties, and domain names. Dreyfus Law Firm has been recognised as a leading authority in its field by some of the most prestigious international law firm rankings.
Nathalie is also well-known for her expertise in the internet and new technologies, specifically phishing, cybersquatting, social networks, domain names, NFTs, Web 3.0, and online sales platforms. She counsels businesses on best practices in compliance and intellectual property, particularly with regard to domain names. She also actively participates as a speaker at numerous seminars and conferences in France and abroad, where she shares her insights and expertise on the aforementioned subjects as well as trademark law.
The Role and Mission of the Judicial Expert in Trademark Law
Judicial experts play a crucial role in providing specialised opinions and evaluations on technical, scientific, or professional matters related to their area of expertise, and may be requested by the judge during a proceeding or by one of the parties directly. Every year, a number of national lists of experts by specialty are compiled and updated, one of which is compiled by the Court of Cassation and the others by each Court of Appeal. The selection of judicial experts is the responsibility of the Court of Appeals judges, who evaluate applications based on a variety of competence and morality standards.
A judicial expert in trademark law is a qualified and experienced professional who is well-versed in the field’s laws, regulations, and practises. Their responsibilities include providing technical clarifications, interpreting evidence, and forming informed opinions on trademark-related issues such as trademark similarity, trademark validity, and trademark infringement.
To become a judicial expert in France, several requirements must be met. To begin, they must have a certain level of professional expertise and be recognised in a specific field. Second, a solid academic background and relevant professional experience are required. Finally, it is vitally important for them to stay informed about developments and new regulations in their field of expertise.
In conclusion, should you need assistance with trademark protection, intellectual property management, or have any related inquiries, we invite you to contact us at Dreyfus. Nathalie Dreyfus and her team of internationally renowned experts are ready to give you the advice and assistance you require. You can reach us at contact@dreyfus.fr or call (+33) 1 44 70 07 04.
Allow us, the professionals at Dreyfus, to guide you through the complexities of intellectual property law, ensuring your rights and assets are comprehensively protected.
