Practice area
Intellectual property
Protecting your trademarks, creations and copyright in step with your projects
Fideurope Avocats supports companies and creators in protecting and adding value to their intangible assets. In collaboration with the firm Kern & Weyl, we act across the entire life cycle of intellectual property rights: filing strategy, licence negotiation and defence against infringement.
Trademark law
- Filing and renewal of French, European and international trademarks
- Prior rights searches and availability analysis
- Oppositions and administrative proceedings before the INPI (French intellectual property office) and the EUIPO (European Union Intellectual Property Office)
- Trademark infringement litigation
Copyright
- Advice on ownership of rights (works created by employees, commissioned works)
- Drafting and negotiating assignments and licences
- Infringement and free-riding litigation
Designs, models and patents
- Protection strategy for aesthetic and technical creations
- Coordination with industrial property attorneys
- Defending your rights in the event of infringement
Contracts and exploitation
- Drafting and negotiating licence agreements
- Coexistence and cooperation agreements
- Intellectual property clauses in commercial contracts
Key takeaway
Intellectual property protects the intangible assets that drive your company's value. An anticipated filing and enforcement strategy is a lasting competitive advantage.
Frequently asked questions
When should you call on a lawyer?
A French trademark is registered with the INPI (French intellectual property office) and covers French territory. A European Union trademark is filed with the EUIPO and protects all 27 Member States through a single filing. An international trademark designates countries that are party to the Madrid system, via WIPO. The choice depends on your commercial strategy and target markets.
A trademark registration is valid for 10 years from the filing date and can be renewed indefinitely in 10-year periods, subject to payment of the fees. Note: a trademark that has not been used for 5 consecutive years may be revoked for non-use.
Before taking any action, you should gather evidence (a bailiff's report, test purchases). An amicable formal notice often resolves the dispute. Failing that, an infringement action can be brought before the civil court, possibly preceded by an infringement seizure (saisie-contrefaçon, a French evidence-gathering procedure) to secure the evidence. Sanctions can be civil (damages, injunctions) and criminal.
Under copyright law, rights belong in principle to the creator, unless the employment contract contains an express assignment clause. For software created by an employee in the course of their duties, the rights vest automatically in the employer (article L. 113-9 of the French Intellectual Property Code). Specific regimes apply to designs, models and patents. A well-drafted contractual policy prevents disputes.
A question about this area?
Our team is available to review your situation and provide an appropriate answer.
Contact us