Alain Ellouz Paris designs and offers original lighting fixtures, the result of extensive research, creativity, and development. Each design proposal is the result of a significant investment in creation and innovation, incorporating exclusive expertise and advanced technical processes.
This notification is addressed to all natural and/or legal persons requesting a proposal from Alain Ellouz Paris for the supply of Alain Ellouz Paris creations (hereinafter ‘you’).
EXCLUSIVE PROPERTY OF ALAIN ELLOUZ PARIS
All creations, drafts, plans, designs, mockups, and any other content submitted by Alain Ellouz Paris in its commercial proposal remain the exclusive property of Alain Ellouz Paris.
Alain Ellouz Paris refuses any clause or statement providing the contrary that may be present in documents submitted to Alain Ellouz Paris for the purpose of soliciting a proposal from Alain Ellouz Paris. Under no circumstances does the submission of an offer or proposal by Alain Ellouz Paris constitutes an assignment or a license of rights from Alain Ellouz Paris on the creations designed and marketed by Alain Ellouz Paris.
IP INFRINGEMENTS ARE PROHIBITED
Any reproduction, manufacturing, representation, or use, in whole or in part, of the creations to which Alain Ellouz Paris refers in its offer without the express written authorization of Alain Ellouz Paris constitutes an act of counterfeiting, for which the author is liable and may be prosecuted.
COPIES PRESENT MAJOR SAFETY RISKS
Only Alain Ellouz Paris is authorized to manufacture and commercialize its creations, in particular because of the technical specifications and safety requirements that define its products.
Each alabaster lighting fixture is designed with exclusive know-how and a secret process, Stonelight, developed in 2005. This unique treatment strengthens the stone, making it more resistant than granite and ensuring the safety and longevity of the creations. This know-how is strictly confidential and is not known nor mastered by any other manufacturer.
Counterfeiters, unable to reproduce Alain Ellouz Paris expertise, merely imitate the appearance of Alain Ellouz Paris creations without applying the necessary reinforcement processes. These imitations constitute a real risk to compromise the durability of the products and to people safety, for which you would be sole responsible.
LIABILITY FOR ORDERING AND POSSESSING COUNTERFEIT PRODUCTS
Buying, purchasing, ordering, manufacturing, installing and / or exhibiting infringing copies of Alain Ellouz Paris creations would make you directly liable of the counterfeiting offence.
In the event Alain Ellouz Paris identifies unauthorized manufacture, reproduction, representation or exhibition of its creations by you, it will immediately initiate all necessary legal action to defend its rights, including actions for infringement, unfair competition and economic parasitism.
If Alain Ellouz Paris identifies that you are using counterfeit copies of products that Alain Ellouz Paris has presented in response to your bid, call for tenders or mockup, you hereby agree that Alain Ellouz Paris will invoice you a minimum amount equal to the catalogue price of said products, without prejudice to any damages that Alain Ellouz Paris may obtain in court for your failure to comply with these terms and conditions.
CRIMINAL PENALTIES
France: a person convicted of copyright infringement or design law infringement is sentenced to a maximum of 3 years imprisonment and a fine of up to 300 000 euros (art. L.335-2 and L.521-10 of the French intellectual property code).
USA: a person convicted of copyright infringement is sentenced to a maximum of 5 years imprisonment and a fine of up to 250 000 dollars (§504 of Title 17 United States Code (USC) and §2319 of Title 18 U.S.C).
United Arab Emirates: a person convicted of copyright infringement is sentenced to a minimum of 2 months imprisonment and a fine of no less than 10 000 dirhams and no more than 100 000 dirhams (art. 39 of the Federal Decree-Law no. (38) of 2021 Issued on 20/09/2021 Corresponding to 13/Safar/1443H on copyrights and neigbouring rights).
Saudi Arabia: a person convicted of copyright infringement is sentenced to a warning, a fine of up to 250 000 riyals, the closure of the violating establishment for a maximum of 2 months and a maximum of 6 months imprisonment (art. 22 of copyright law issued by Royal Decree No. M/41 of 2 Rajab 1424H (August 30, 2003).
