ANTICOUNTERFEITING MEASURES

Luxury, fashion, consumer goods, pharmaceuticals, and counterfeiting spares no sector of the economy. As our customers are largely victims of these practices, we have set up cooperation networks throughout the world. We regularly work with French Customs and the customs agencies in many countries where counterfeiting is present. - Request for intervention with the customs authorities of many countries (import and export surveillance), - Production of “bibles” containing all the necessary and useful information for customs services - Handling of customs seizure/deduction procedures, - Advice and implementation of possible legal action.

CONTRACTUAL PRACTICE

As an IP Attorney, we advise you in all your dealings with your business partners. Our expertise extends from the negotiation to the drafting of commercial agreements in compliance with national and European legislation in all areas of industrial and intellectual property: contracts for the transfer of rights, operating licences, coexistence, distribution, franchising, sales, confidentiality and non-competition agreements, consortium agreements...

COPYRIGHTS

The author of a work of the mind shall enjoy, solely by virtue of its creation, an exclusive intangible property right in respect of that work which shall be enforceable against all. (Art. L111-1 of the Intellectual Property Code) We work in all areas of creation: fashion, music, photography, design, audiovisual, journalism, computer science... and advise you on the protection of your moral and property rights. The existence of your copyright :  - As soon as a logo, slogan, melody, clothing range, text or any work marked by the imprint of the author's personality is created, we define and implement a strategy to reserve for you the material and intellectual property of the work. This strategy is particularly useful in the area of creations by employees, where rights are not implicitly retroceded in France. - Software protection and source code repository. A priori, software without technical effect can only be protected by copyright in France. It is therefore necessary, on the one hand, to ensure a defined date of creation through a filing and, on the other hand, to contractually secure one's rights The exploitation of your copyright:  - Negotiation and drafting of contracts (transfer of rights, operating license, reproduction and representation rights). - Drafting of specific contractual clauses. - Legal advice (e.g. use of images, music, texts, videos without the author's permission, reuse of an article without the author's (journalist) consent, scope of the author's moral rights over his work...) The preservation of your rights:  - Development of attack and defense strategies during actions in France and abroad. Our firm regularly works in collaboration with copyright management companies in France and abroad.

DEFENDING YOUR IP RIGHTS

Obtaining IP rights without defending them limits the interest of obtaining them. Thanks to the monitoring we set up, we can be informed as soon as a trademark application is published. We can thus act very quickly in any territory through opposition, often avoiding legal proceedings. When attempts to settle a dispute amicably have not been successful, our firm is able to advise and assist you in legal proceedings and litigation.

DESIGNS AND MODELS

Article L. 511-1 of the Intellectual Property Code provides that the appearance of a product, or part of a product, may be protected as a design, characterized in particular by its lines, contours, colors, shape, texture, or materials. These characteristics may be those of the product itself or of its ornamentation. Industrial designs apply to the most diverse products of industry and craft: watches, jewelry, bags and other luxury items, household objects, electrical appliances, vehicles, architectural structures, textile motifs, leisure articles, etc. Designs protect the shape of the object, unlike a patent which protects technological innovation. We register and renew your designs with national, European, and international offices and support you in their exploitation by establishing a protection strategy in line with your objectives: - Search for prior art. - Filing and monitoring of registration procedures. - Negotiation and drafting of contracts. - Litigation (infringement action and unfair competition)

DEVELOPMENT OF STRATEGIES

In consultation with your teams, we develop the industrial property strategy best suited to the company's developments in terms of both products and territories. Where, what, when, and how to file must be part of a global approach in order to limit costs while having an ambitious policy of promotion and market development.

DOMAIN NAMES

Our firm manages your domain name portfolio...  - Study of the availability of a domain name, - Opportunity of a registration according to your commercial policy, - Registration of all territorial (.fr,.eu,.de,.de,.in...) and generic (.com,.org,.net...) domain names, - Transfer, redirection, pointing, renewal, ... and intervenes in the defense of your rights, in particular during the cybersquatting of your trademarks or other distinctive signs: - Monitoring of identical and similar domain name reservations, - Judicial and arbitral proceedings (WIPO) for the recovery of domain names, - Negotiation and purchase of domain names. Our firm is open to Internet issues and will provide you with a solution adapted to your particular situation.

MANAGEMENT OF IP PORTFOLIO

Monitoring the timelines of your IP rights is an essential part of our work. A failed renewal period, an unpaid annuity and it is a brand or a patent that flies away with its market and its customers. We monitor your various deadlines through the creation and management of a database containing all your titles. The information contained in this database is accessible to you via our website through your client zone by entering your username and password. This database is secure. Its consultation allows you to have access to all the information on your IP portfolio at any time. This service is provided free of charge to our customers.

OBTAINING AND ACQUIRING RIGHTS

An IP title can be obtained either by filing or by agreement. Our firm advises and assists you both in the filing of trademarks, designs, and patents and their renewal, as well as in the purchase of such rights. Beforehand, according to your instructions, we will carry out a prior search for trademarks, designs and patents and help you to assess the risks associated with the use of your product. In the process of preparing the agreement, we intervene both in the negotiation and in the drafting of the deeds.

PATENTS

Protecting innovation: The utility of patenting. A patent is an industrial property right that allows any natural or legal person to have, for 20 years, a monopoly on the manufacture and distribution of the patented product, a monopoly that will be exercised in the territory where the patent is filed as soon as the application is filed, subject to its registration and the payment of an annual maintenance fee. Within one year of the filing date of the French patent, the owner of the application may extend his patent application abroad and thus obtain a monopoly in these other countries. A patentable invention must meet three criteria. It must be: - Industrially applicable, - Truly new on a global scale (this is the so-called "absolute novelty" rule), - Qualified as an inventive step, i.e. it must not be obvious from the state of the art. The engineers in charge of your files will determine the scope of your innovations and will assist you during the drafting of the patent application and its filing. Your patent portfolio will be managed by our firm, which will also advise you on exploiting your titles through the design of development strategies, the drafting of contracts and infringement actions.

PORTFOLIO AUDIT

When you wish to acquire a company because you are interested in its markets and products, the existence and solidity of the IP portfolio must be the subject of an in-depth study. Indeed, in many countries, an IP title may be granted without having true legal scope due to the absence of prior right searches. In the event of a takeover or buyout, merely contenting oneself with the material existence of an asset, while already a first step, can lead to future disappointments. An audit of the company's industrial property titles is necessary to take into account all of the legal risks associated with an acquisition opportunity. Our firm can work with you.

TRADEMARKS AND OTHER DISTINCTIVES SIGNS

In terms of trademarks, we intervene from the choice of the sign and advise you throughout its exploitation.

 Ownership of your brand:

 - Determination of your needs and objectives (which territories for which products and services).

- Identification of protectable / available signs and development of a bypass strategy. - Registration and Renewal of your trademarks at national, European and international Offices. - Follow-up of procedures in permanent contact with the various Offices. Defending your brand: - Upstream action: Surveillance of the company's or its competitors' trademarks in a given territory - Request for surveillance with the customs authorities of counterfeiting countries - Amicable and prior negotiation - Redemption of trademarks. - Downstream action: Development of attack and defense strategies (opposition, cancellation proceedings, revocation actions, etc.). Valuation of your brand portfolio: - Audit of your brand portfolio. - Elaboration of a protection strategy in line with your development prospects. - Optimization of your portfolio (which industrial property title to choose? Rationalization of costs in relation to the scope of protection). - Negotiation and drafting of contracts (license, franchise, brand transfer, coexistence agreements, etc.). - Legal advice (unauthorized use of your trademarks, counterfeiting, unfair competition...). All our services also include your company name, trade name, brand, and domain names.