FRANCE
Since February 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
France is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
FRANCE
Since May 2001
Since July 1992, last amended in May 2022
Since July 1992, last amended in May 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Intellectual Property Code (Code de la propriété intellectuelle)
Intellectual Property Code (Code de la propriété intellectuelle)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Art. L122-5 of the French Intellectual Property Code establishes far-reaching copyright exemptions, including private reproductions, analyses and critiques, parodies, and pedagogical uses.
Art. L122-5 of the French Intellectual Property Code establishes far-reaching copyright exemptions, including private reproductions, analyses and critiques, parodies, and pedagogical uses.
Coverage Horizontal
FRANCE
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and France have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
FRANCE
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and France have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
FRANCE
Since June 2016
Since August 2018
Since August 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act 2018-670 on the Protection of Trade Secrets (Loi No. 2018-670 Relative à la protection du secret des affaire)
Act 2018-670 on the Protection of Trade Secrets (Loi No. 2018-670 Relative à la protection du secret des affaire)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. France transposed the Directive through a series of amendments to existing legislation in 2018, as well as with Act 2018-670 on the Protection of Trade Secrets. This act introduces comprehensive protective mechanisms for trade secrets, which are considered effective by practitioners.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240324091148/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32016L0943
- https://web.archive.org/web/20220329142341/https://www.legifrance.gouv.fr/dossierlegislatif/JORFDOLE000036749877/
- https://web.archive.org/web/20241213144912/https://www.hoganlovells.com/en/publications/france-trade-secrets-protection-optimized-with-new-procedural-measures-before-courts
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FRANCE
Since February 1952, last amended in June 2009
Since May 2014
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Postal and Electronic Communications Code (Code des Postes et des Communications Électroniques)
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
According to the Postal and Electronic Communications Code, passive infrastructure sharing is mandated in France (Art. 47-49). The operators of networks open to the public can occupy the public road domain by setting up works there insofar as this occupation is not incompatible with its assignment. In addition, co-location is not required but is strongly encouraged by the Postal and Electronic Communications Code. Passive access to optical local loops is regulated by the Autorité de Régulation des Communications Électroniques, des Postes et de la Distribution de la Presse (Arcep) in a symmetrical manner. On copper, an asymmetric regulation applies to Orange on passive and active access.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241009145717/https://www.legifrance.gouv.fr/codes/texte_lc/LEGITEXT000006070987/2022-09-21
- https://datahub.itu.int/data/?i=100014&e=FRA
- https://web.archive.org/web/20220924201703/https://www.arcep.fr/la-regulation/grands-dossiers-reseaux-fixes/la-fibre/le-cadre-reglementaire-de-la-fibre.html
- https://web.archive.org/web/20240329063521/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32014L0061
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FRANCE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.89%
Coverage rate of zero-tariffs on ICT goods (%)
81.53%
Coverage: ICT goods
FINLAND
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Finland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
FINLAND
Since June 2014
Since September 1978, last amended in January 2005
Since September 1978, last amended in January 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Finnish Consumer Protection Act 2005 (Kuluttajansuojalaki 20.1.1978/38)
Finnish Consumer Protection Act 2005 (Kuluttajansuojalaki 20.1.1978/38)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Finnish Consumer Protection Act 2005.
Coverage Horizontal
FINLAND
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Finland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
FINLAND
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Finland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
FINLAND
Since February 2014, last amended in December 2023
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Electronic Communications Services Act (917/2014) (Laki sähköisen viestinnän palveluista (917/2014))
Chapter 19 of the Electronic Communications Services Act allows the Ministry of the Interior to request retention obligations of telecommunications providers without a judicial warrant. These retention obligations require telecommunications providers to retain traffic and location data for certain individuals or between 6-12 months, depending on the type of data, for use by the authorities in solving certain criminal acts. While the contents of communications cannot be accessed by authorities, Chapter 19 gives the Finnish government the ability to amend certain retention obligations by Government Decree. Thus, Chapter 19 essentially allows Finnish authorities to access personal traffic and location data for individuals suspected of committing certain crimes without a warrant.
Coverage Telecommunications sector
FINLAND
Since July 2020
Since April 2002
Since April 2002
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220122230838/https://www.finlex.fi/en/laki/kaannokset/2002/en20020458.pdf
- https://web.archive.org/web/20241105162419/https://wilmap.stanford.edu/entries/act-4582002-information-society-services-and-electronic-commerce-june-5-2002
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FINLAND
Since July 2020
Since April 2002
Since April 2002
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220122230838/https://www.finlex.fi/en/laki/kaannokset/2002/en20020458.pdf
- https://web.archive.org/web/20241105162419/https://wilmap.stanford.edu/entries/act-4582002-information-society-services-and-electronic-commerce-june-5-2002
- Show more...
