Skills

Pierrat & Associés intervenes with its clients by providing advice tailored to their issues, drafting contracts involving assignments of rights and defending their interests before the competent courts.

Sophie Viaris de Lesegno is renowned for her specific expertise in copyright law and holds, as Emmanuel Pierrat, the certificate of specialization “Intellectual Property Law“. 

Emmanuel Pierrat has written several books on copyright, Editions Cercle de la Librairie published the Guide du droit d’auteur à l’usage des éditeurs (Guide to Copyright for Publishers) in 1995, Le droit d’auteur et l’édition (Copyright and Publishing) in 1998, 2005 and 2013, Le droit du livre (Book rules) in 2001, 2005 and 2013, Les contrats d’édition (The Publishing Contracts) in 2011 and 2014, Editions of the Cercle de la Librairie, as well as many practical works including Le droit d’ateur (Copyright law)  in 2016 ( in collaboration with Fabrice Neaud).

In addition, Emmanuel Pierrat is the author of numerous essays dealing with culture and intellectual properties in a general way: La culture quand même (The Culture anyway) in collaboration with Patrick Bloche and Marc Gauchée published by Editions Mille et une nuits in 2002, Pirateries intellectual (Intellectual Piracy) at Editions Sens & Tonka in 2005, La guerre des copyrights (The War of copyrights) at Fayard in 2006.

 Emmanuel Pierrat is also a director of AFPIDA, the French section of the International Literary and Artistic Association (ALAI), and thus actively participates in debates on international copyright issues.

Emmanuel Pierrat has been a member of the Steering Committee of the International Union of Lawyers (UIA). He conducts frequent expertise and training missions in the field of cultural law throughout Africa, the Near and Middle East, as well as in India.

Finally, as Vice-Chairman of the European and International Affairs Committee of the National Bar Council, Emmanuel Pierrat has participated in numerous events and reflections in foreign bar associations. He is now an expert with the CCBE (Confederation of European Bars).

Corporate names, brand names, trade names, domain names, trademarks and designs are immaterial assets of the business whose valuation is essential and is an objective for each company.

Pierrat & Associés supports its clients in the development of a coherent and competitive strategy for the protection of its intangible assets, the selection of relevant and available distinctive signs and the safeguarding of their rights against the unlawful and unfair actions of competitors.

Thus, the firm intervenes on behalf of its clients as well to defend their rights and interests before the INPI, in the context of actions in opposition of marks in particular, as before the courts competent to know disputes in the matter of counterfeiting of trademarks, designs and actions in unfair and parasitic competition.

Sophie Viaris de Lesegno has acquired an expert and recognized expertise in trademark and design law both in terms of advice and litigation, she also holds, as Emmanuel Pierrat, the certificate of specialization “Law of Property intellectual property “.

Pierrat & Associés ranks among the law firms enjoying a “reputable practice” in the field of “Industrial Prorpriety”. Trademarks and Designs “of the Décideurs/Leaders League 2019 guide.

Beyond the rules governing the devolution of copyrights and the ‘’droit de suite’’ system that are relevant to the art market, it is also specific regulation to this market that govern its operation and the behavior of its stakeholders.

The firm Pierrat & Associés supports the actors involved by advising them upstream, particularly on issues related to the tax regime of certain works (and in case of import or export), then representing them, for example, in the litigation relating to the sale of works of art, the liability of professionals, the prosecution of counterfeiters, counterfeiters and those responsible for the sale of stolen works of art.

The Décideurs /Leaders League guide ranks Pierrat & Associés among the firms with a “reputable practice” in art market law.

Member of the association Art and Law, Emmanuel Pierrat also actively participates in the debate on the definition of ownership of works of art and the duty to return them to their owners and countries of origin. In this regard, he wrote the following essays: Museum Connection, investigation of the looting of our museums, in collaboration with Jean-Marie de Silguy and published by Editions First in 2008, and Faut-il rendre les oeuvres d’art(Must we give back the works of art ?), CNRS editions, 2011, and Cent oeuvres d’art, Editions du Chêne, 2012).

Emmanuel Pierrat, specialist and collector of African art, has written a book Understanding African Art, published by Editions du Chêne in 2008, and The First Arts for Dummies at First in 2015. Finally, in 2019 he published Faut-il rendre les oeuvres d’art à l’Afrique(Must we give back the works of art to Africa?), Gallimard, 2019.

Her passion for the collection of works of art led her to publish Collections, Collectionneurs (Collections, Collectors) in 2019 at Editions de La Martinière, after les nouveaux cabinets de cusiosité (New cabinets of curiosity), Les Beaux Jours edition, 2011) and Collectionnite (Le Passage, 2011).

Architecture is a professional field governed by the literary and artistic property law. It raises specific issues within both private law and public law.

The firm assists its clients in managing the risks associated with this activity, upstream and downstream.

Emmanuel Pierrat received the silver medal of jurisprudence from the Academy of Architecture and regularly provides training in copyright and image rights within the Ordre des Architectes d’Ile de France.

He has also collaborated in the writing of a book on the architect Claude Vasconi and actively participated in the discussions and debates on the Paris new Palais de Justice in the Batignolles district.

Pierrat & Associés advises the various stakeholders of the entertainment world, both companies, theaters, festivals and many performing arts unions.

The firm also assists audiovisual actors such as production companies, distributors and broadcasters in the negotiation and drafting of rights transfer agreements, but also before the competent courts or the CSA (Superior Council of Audiovisual).

Pierrat & Associés is mentioned by the Décideurs / Leaders league guide as having a “reputable practice” in the “Cinema” section as well as in the “live performance” section, it is also listed as one of the best French media law firms by Media Law International.

Emmanuel Pierrat has, for several years, taught courses and courses to students of the National School of Goblins and was legal chronicler in the professional magazine Show Mag.

For her part, Camille Domange, has developed a strong experience of the media and audiovisual law acquired thanks to his experience at EndemolShine where he was Group General Counsel & Public Affairs Director of Media Group EndemolShine France.

He also teaches or lectures on the law of audiovisual communication, as well as on the cross-cutting issues of culture and digital technology.

The book is a cultural good whose trade is subject to a very specific regulation that applies to the various actors of the sector that are classically the author, the publisher, the distributor and the broadcaster.

Pierrat & Associés advises these different providers, drafts contracts uniting them to each other and represents them in the context of litigation involving their responsibility.

Pierrat & Associés also supports its clients in the transition to the digital book and its legal implications for the publishing contract.

In this field, Sophie Viaris de Lesegno has developed an expert skill. She advises authors and publishers in the drafting of their contracts, advises them and also defends them before the competent courts.

Emmanuel Pierrat knows perfectly the “publishing world” and its legal rules not only as a lawyer but also as an author himself and as literary agent.

As an example, Emmanuel Pierrat is the author of many practical legal books for publishing professionals: “Le droit de l’édition appliqué” I and II (Book publishing law I and II) but also “Le droit du livre publié” (and “Les contrats de l’édition” (the Contracts of book publishing) editionsducercledelalibrairie.com. Emmanuel Pierrat also published a “Guide juridique pratique de l’éditeur” (Practical Legal Guide for Publishers).

He is a legal columnist since 1995 in the professional magazine of the publishing sector, libraries and the bookstore, Livres Hebdo, and has been legal chronicler of the professional magazine Caractères.

The development of communication media including mobile, software, Internet and social networks has created new problems especially in terms of liability of Internet services and privacy statement.

Pierrat & Associés assists its clients by advising them in the development of their business on the Internet, especially when creating their websites and write their terms and conditions.

Pierrat & Associés also assists clients in the negotiation and drafting of contracts of acquisition or transfer of rights involving new technologies.

In addition, the firm’s lawyers have developed expertise in domain name litigation by representing clients in the context of UDRP proceedings before WIPO and advising them closely in the definition of their strategy. marketing.

Special attention is also given to new issues raised by the web and respect for the rights of individuals, the right to privacy, the right to be forgotten, respect for personal data and legislation relating to the right of the press online. Thus, our firm regularly accompanies its clients in proceedings before the High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI) or the National Commission for Computing and Freedoms (CNIL).

Pierrat & Associés is one of the law firms enjoying a “reputable practice” in internet law of the Décideurs / Leaders League 2019 guide.

In addition, Pierrat & Associés assists its clients in the implementation and enforcement of personal data legislation, including the General Data Protection Regulation (GDPR).

The firm’s lawyers can be chosen as Data Protection Officers (DPOs or DPOs) by their clients.

Emmanuel Pierrat co-chairs the Juries of the National Bar Council awarding the specialization “Intellectual Property Law” and “New Computer and Communication Technology Law” and was one of the first Cyberlex members.

For her part, Camille Domange, has developed essential skills in digital law, acquired for more than 10 years, including the Ministry of Culture and Communication, where he held the position of Head of the Department of Digital Policies then, until in June 2019, at EndemolShine France where he was Group General Counsel & Public Affair Director.

Camille Domange is the author of various digital reports, including a ministerial report on the data economy and the digital revolution in the cultural sector. He has also conducted doctoral studies at the CNRS and Paris II Panthéon Assas University on open innovation.

Finally, Emmanuel Pierrat co-chairs the Jurys of the National Bar Council, awarding the specialization “Intellectual Property Law” and “Law of New Computer and Communication Technologies”.

The dissemination of information is governed by the freedom of expression allowing everyone to publicize their thoughts and opinions through the media.

This fundamental freedom, however, is subject to limits which are laid down and governed by the law of 29 July 1881 on the freedom of the press, which is intended to lay down the rules and procedures designed to reconcile freedom of expression with respect for fundamental rights of the person (right to the image, respect for privacy, honor and reputation, presumption of innocence …) and the protection of public order.

The regime of responsibility for the press is a derogatory regime of common law, subject to short limitation periods and very strict rules of procedure.

Pierrat & Associés supports its clients both upstream, by providing them with an analysis of the risks potentially associated with a publication project (proofreading of manuscripts) and downstream, drafting rights of reply and representing them before the competent criminal courts. in the matter of press offenses. Indeed, Pierrat & Associés has developed, for many years, a recognized expertise to assist before all jurisdictions, natural or legal persons engaged, in demand or defense, in litigation in the field of press law (defamation , insult, incitement to hatred …).

Pierrat & Associés is notably mentioned as enjoying a “high reputation” in press law by the guide Décideurs / Leaders League.

Emmanuel Pierrat chairs the Media Law Commission of the International Union of Lawyers (UIA).

Emmanuel Pierrat has established himself over the years as a specialist in issues related to censorship and freedom of expression. He has written many essays on the subject: The Edition in lawsuit in collaboration with Sylvain Goudemare published by Editions Léo Scheer in 2003, The Happiness of Living in Hell published by Editions Maren Sell in 2004. In 2019, he published the Code of Freedom of Expression (Anne Rideau editions), Moral News and New Censorship (Gallimard) and The Great Book of Censorship in Plon.

Emmanuel Pierrat is also the author of Le livre noir de la censure (The Black Book of Censorship) which he co-authored with his associate Sophie Viaris of Lesegno published by Editions Le Seuil in 2008.

Emmanuel Pierrat has also published the following writings on censorship and the major trials in this area: Accusé Baudelaire, Flaubert, levez-vous !(Accused Baudelaire, Flaubert, get up!), Napoléon III, censure les Lettres(Napoleon III censors the Letters) published by Editions André Versailles in 2010, et Cent livres censurés et cent oeuvres d’art censurées (One hundred censored books and One hundred censored works of art) published by Editions Chêne respectively in 2011 and 2012, Cent Chansons censurées (in collaboration with Aurélie Sfez) published by Hoëbeke in 2014, La liberté sans expression ? (Freedom without expression ?), Jusqu’où peut-on dire, écrire, dessiner (How far can we say, write, draw), published by Flammarion in 2015, Jean-Jacques Pauvert, l’éditeur en liberté (Jean-Jacques Pauvert publisher at liberty), published by Calmann-Lévy in 2016.

Moreover, Emmanuel Pierrat is a member of the Association of Lawyers Practitioners of Press Law and collaborates regularly to the legal review Légipresse.

He is also a frequent speaker at debates, conferences and round tables organized in this area.

In addition, Pierrat & Associés advises clients on the right to privacy, the right to the image and the right to the name in order to preserve their respect by third parties, and, where appropriate, to organize the modalities exercise of these rights.

Emmanuel Pierrat also represents his clients in litigation involving the rights of the personality.

Emmanuel Pierrat has written on this subject a legal work entitled Reproduction interdite(Reproduction prohibited), Le droit à l’image expliqué aux professionnels de la culture et de la communication(the right to image explained to professionals of culture and communication), to those who want to protect their image and to all others who want to understand the new iconographic censorship published by Editions Maxima / Laurent du Mesnil in 2001.

He is also the author of the essay entitled Cent images qui ont fait scandale(One hundred images that made scandal) published in 2011 at Editions Hoëbeke.

Journalists, whether reporters, photographers, contributors to print, digital, radio or television titles, employees on permanent contracts or freelancers, are all authors.

Therefore, the regime of their contributions is, provided that their original character is recognized, subject to the provisions of copyright and our firm assists its customers, journalists and press publishers, to advise them in this area and, also represents before the competent courts of law.

Pierrat & Associés assists clients, journalists and publishers during these negotiations. He also represents them before the competent courts to enforce their rights. Emmanuel Pierrat collaborates regularly to Légipresse in this area.

In addition, the Cabinet has acquired special competence in the area of ​​the re-qualification of freelance contracts under an open-ended contract before the Conseil des Prud’hommes.

In general, Pierrat & Associés represents its clients, employees or employers before the Conseil de Prud’hommes in disputes relating to dismissal measures without a real and serious cause.

Pierrat & Associés has also developed expertise in general criminal law, mores and criminal business law.

Emmanuel Pierrat has acquired expert experience in the field of sexual offenses and has assisted his clients several times during the Assises trials.

On this subject, Emmanuel Pierrat is the author of an essay entitled Sex and the Law, many times reissued. He is also a member of the associations Droit et Liberté and France Justice.

Sirma Guner is on the Paris Bar’s list of criminal defense lawyers and as such, she regularly intervenes in police custody and immediate court appearances and, in general, on any type of criminal law case.

The lawyers of Pierrat & Associés also assist and represent their clients in civil and commercial matters from the pre-litigation phase to the execution of the rendered decisions.

Pierrat & Associés has thus developed a recognized competence in the field of civil liability law and in particular professional liability.

Well versed in litigation, Emmanuel Pierrat is the author of 100 inforgraphies pour déchiffrer la justice (100 infographics to decipher justice (Editions de La Martinière, 2016) and 3 minutes pour comprendre l’organisation et les règles de la justice française (3 minutes to understand the organization and rules of French justice, Editions Courrier du livre, 2019.

Sirma Guner, who holds a Master 2 in civil and medical liability (Paris V – Descartes), regularly advises and assists clients in these fields.

The firm assists its clients in the settlement of divorce by mutual consent and litigation and disputes relating to its consequences (revision of the amount of the contribution to the maintenance and education of children and fixation of the compensatory, parental authority, primary residence and visitation of children).

Pierrat & Associés also assists clients in drafting contracts of Pacte civil de solidarité (PACS).

Sirma Guner taught for two years as a lecturer in family law in Paris V Descartes. She has acquired real expertise in dealing with complex divorce cases including issues of private international law (one of the parties to the divorce is a foreign national).

In addition, Emmanuel Pierrat participates actively in the discussion and implementation of relevant legal solutions adapted to the challenges of modern family law matters including marriage between persons of the same sex and its consequences in terms of co-parenting.

Moreover, Pierrat & Associés has developed a real expertise in the field of the law of trans people, accompanying its clients throughout the procedures of modification of civil status on the registers of the French administration and change of first names.

Emmanuel Pierrat is the author of an essay entitled Le sexe et la loi (Sex and the Law), Editions Arléa, 1996, La Musardine 2001, 2008 and 2015 which was updated in 2019.

Finally, Cabinet Pierrat & Associés is a member of the Syndicat National des Entreprises Gaies & Co (SNEG) and Emmanuel Pierrat used to hold a legal column in the magazine Tetu.

Pierrat & Associés has developed in-depth skills in inheritance law. Our team is able to deal with complex cases of inheritance where issues of civil law, tax law, family law and sometimes also intellectual property law are involved.

Emmanuel Pierrat, that these problems both human and legal have always interested published Famille je vous hais ! (Families, I hate you !), Les héritiers d’auteurs (Authors heirs’)  (Hoëbeke, 2010) and, in 2018, Dernières volontés (Last Will) who, in addition to presenting the evolution of the applicable rules in inheritance law, exposes twenty stories of wills and famous estates (Napoleon, Saint Exupéry, etc.).

Pierrat & Associés has developed in-depth expertise in the field of labor law, particularly in the context of negotiating the terms of termination of employment contracts, concluding transactions or signing a contractual termination of the employment contract.

In addition, the Cabinet has acquired special competence in the field of the rights of salaried journalists and the requalification of freelance contracts on permanent contracts before the Conseil des Prud’hommes.