A recent case highlights the problem of ownership of rights on packaging designed by advertising agencies (Paris Court of Appeal, April 14, 2023, no. 21-09.779). Following the end of their business relationship, a pharmaceutical company registered as a three-dimensional trademark the drug packaging it had ordered from a communications agency some ten years earlier. (European Union trademark filed on September 1st, 2005, No. 0855857) The communications agency then brought an infringement action, arguing that its copyright on the creation, i.e. the drug’s packaging, had been violated. However, the agency’s claim was rejected, as the originality of the packaging was ruled […]