The bailiff and intellectual protection

Intellectual property: How can the judicial officer help you to protect your works and creations?

Bailiffs are your natural allies in the protection of your works and creations, both upstream (when the bailiff gives a certain date to your creations), but also after the counterfeiting of your creations. We will deal with this second point in another article.

Intellectual protection: protecting your creations by giving them a certain date.
Since the law of 22 December 2010 (known as the Béteille Law), the official statements of facts drawn up by bailiffs have a reinforced probative value since, unless proven otherwise, they are binding on the magistrates as proof.
This is the simplest and most effective solution for quickly proving your authorship, because although Article L.111-1 of the Intellectual Property Code provides that the author enjoys, from the moment of his creation, an intangible property right enforceable against all, in practice to enforce his rights against third parties, it will be up to him to prove that he is indeed the true creator.

Thus, it appears that proof of creation is paramount. And in order to prove the authorship of a work, it is necessary to prove the date on which it is available.

To bring this proof, there are, let us admit it, other solutions than the recourse to a judicial officer.
However, there are limits to these solutions, and the official statement of facts surpasses all of them: Let us list these solutions, next to which we have placed a traffic light according to their interest.

LA LETTRE RECOMMANDÉE A « SOI-MÊME »
Recognition by foreign courts: NO
Recognition by the French courts: ALEATORY
Shelf life: until you lose it
Supported creation type: up to 3kg
Risk: Very risky legal solution since it is almost impossible to prove that the document sent could not be modified after receipt (e.g. sending an unsealed letter).
Price: 3 to 8 €.

THE SUN ENVELOPE
Recognition by foreign courts: NO or RAREMENT
Recognition by the French courts: YES
Conservation period: 5 years renewable once: 10 years.
Supported creation type: paper only 7 sheets maximum
Risk: Solution legally acceptable in France only but unsuitable for creations heavier than 7 sheets of paper, as well as digital documents.
Price: 15 € per five-year period.

DEPOSIT WITH A SOCIETY OF AUTHORS SGDL
Recognition by foreign courts: RAREMENT
Recognition by the French courts: YES
Shelf life: 4 years
Type of creation supported: paper or digital
Risque : Aucune société d’auteurs n’est investie d’un pouvoir d’apporter « preuve certaine » comme le serait un Huissier de Justice. A défaut de retirer l’oeuvre, elle est détruite passé le délai de 4 ans
Price : 45 € for 4 years

THE INTERNET TIME STATUS CERTIFICATE by PRIVATE COMPANY
Les sites annonçant vous assurer un « copyright » pullulent sur Internet. Elles sont le fait de sociétés privées.
Recognition by foreign courts: NO
Recognition by the French courts: RAREMENT
Shelf life: disappearance in the event of company closure
Type of creation supported: digital only
Risk: The trading company offers a simple certificate that has no probative value, such as the Minutes of Filing with a Bailiff. Its date can be easily challenged in court. Moreover, the certificate does not attest to the contents of the deposit. It is also limited in terms of format since it can only be digital files.
Price: 20 euros to 50 euros € per deposit.

It is therefore easy to see that these four alternative methods of proof are not sufficient in view of the recognition by French and international courts, the types of creation supported and, finally, the imperatives of legal certainty over time.

On the contrary, THE DEPOSIT IN THE MINUTES OF A BAILIFF brings:
Recognition by foreign courts :  YES
Recognition by the French courts : YES : ABSOLUTE PROOF Béteille law
Shelf life : 30 ANS
Supported creation type : ALL TYPES
Risk : No risk - absolute legal security - Even if the study disappears, the minutes are systematically entrusted to another study. In addition, each bailiff is insured. 
For your information, our study is insured up to 135 000 000 €.
Price: per deposit or per package. Quotation based on the needs of each depositor.

Notre étude vous propose d’une part un système de dépôts « classique » au rang de nos minutes, sous tous formats : manuscrit, film, bande musicale, partition, programme informatique, sites web, maquettes etc…
Mais nous proposons également, pour les déposants « réguliers » qui nous font confiance (agences internationales de publicité , marques de prêt à porter, agence de web marketing, écrivains…) un système innovant : l’Huisbox (c).

The Huisbox, what is it?

A dematerialized service, accessible from all over the world, which protects your creations by giving them a certain date. YOU CAN DEPOSIT ALL TYPES OF DOCUMENTS (manuscripts, powerpoint, plans, music, video, software, technical processes etc.).

This solution, invented by our study, is the HuisBox ©, registered trademark of the study.

A project completed at 4 a.m. for a presentation at 8 a.m.? The HuisBox © online repository ensures that you can give a date to your creations.

How does the Huisbox work?

For a monthly subscription, you have access to a 24/7 service controlled by a bailiff. Using the passwords given to you when you subscribe, you can access a secure area controlled by a bailiff, in which you deposit your files.
These are time-stamped by the bailiff of Nanterre la Défense who has been appointed for this purpose. We certify the date and time of your creation, and protect your rights.
Do not hesitate to ask us for more information and to obtain a quote: 01 41 37 65 30 or by filling in the form below