Industrial property law

Areas of expertise >     Industrial property law

Cabinet Bouchara & Avocats specializes in intellectual property law and thus supports its clients both in literary and artistic property than in industrial property law.

What is the industrial property ?

Industrial property is included, in the same way as literary and artistic property, in intellectual property. The purpose of industrial property law is to enhance and protect certain economic values of a company and in particular, technical creations, ornamental creations and distinctive signs.

Indeed, industrial property includes:

Technical creations

 

Namely patents, plant variety certificates and topographies of semiconductors.

Ornamental creations

 

And in particular the drawings and models.

The distinctive signs

 

Namely trademarks, corporate names, trade name, sign, domain names, designations of origin and indications of source.

These assets must be protected, monitored and, if necessary, defended because, constituting a real heritage value, they are regularly the object of various attacks from competitors and are thus frequently copied or plagiarized.

How protect its creations and brands?

Unlike literary and artistic property where works are protected by copyright without formalities, technical and ornamental creations and distinctive signs will only be protected by industrial property law following a positive act of the holder and in particular following a deposit with the competent offices.

Ornamental creations

To benefit from protection under the law of designs and models on ornamental creations, it is imperative to proceed with the INPI, the OHIM or all the offices abroad to deposit designs and models. .

Technical creations

Technical creations and in particular patents require to benefit from a monopoly of exploitation on the invention to file it with the INPI for French patents and soon with the European Patent Office (EPO) for European patents .

Distinctive signs of the company

To protect the distinctive signs of the company and in particular to protect a trademark, the holder must file his trademark with the trademark offices.

and in particular, of the INPI for a French trademark, of the OHIM for a Community trademark, of the WIPO to designate within a single application, various member countries of the Madrid Union, namely the signatory countries of the Madrid Agreement and/or the Madrid Protocol or of all National Offices abroad. Finally, a domain name will only be protected as long as it is registered and a corporate name will only be protected insofar as it is mentioned in the company's articles of association and confirmed by the registration of the company. .

Cabinet Bouchara & Avocats and its lawyers specializing in industrial property will provide you with personalized industrial property advice according to your expectations, your projects and the difficulties you may encounter.

Industrial property advice can be of interest to companies as well as individuals, at all stages of the development of the project, invention or creation.

Thus, it is strongly recommended to be advised by lawyers specialized in industrial property from the creation of your project in order to be guaranteed that your project does not infringe the prior rights of third parties and that it is sufficiently protected to be able to be defended against third parties who would harm this project.

In addition, industrial property lawyers and advisers are also necessary throughout the exploitation of protectable assets under industrial property in order to ensure that the protection of these assets is maintained, but also that these assets are monitored. .

Finally, it is strongly advised to consult an industrial property lawyer in the event that you encounter legal difficulties and in particular, if a third party invokes a distinctive sign prior to the one you use, even before responding.

Cabinet Bouchara & Avocats supports and advises you in industrial property in order to give you the means to act against counterfeiters and unfair practices, but also to possess a secure portfolio of trademarks, patents and designs.

Cabinet Bouchara & Avocats and its lawyers specializing in industrial property will provide you with personalized industrial property advice according to your expectations, your projects and the difficulties you may encounter.

Industrial property advice can be of interest to companies as well as individuals, at all stages of the development of the project, invention or creation.

Thus, it is strongly recommended to be advised by lawyers specialized in industrial property from the creation of your project in order to be guaranteed that your project does not infringe the prior rights of third parties and that it is sufficiently protected to be able to be defended against third parties who would harm this project.

In addition, industrial property lawyers and advisers are also necessary throughout the exploitation of protectable assets under industrial property in order to ensure that the protection of these assets is maintained, but also that these assets are monitored. .

Finally, it is strongly advised to consult an industrial property lawyer in the event that you encounter legal difficulties and in particular, if a third party invokes a distinctive sign prior to the one you use, even before responding.

Cabinet Bouchara & Avocats supports and advises you in industrial property in order to give you the means to act against counterfeiters and unfair practices, but also to possess a secure portfolio of trademarks, patents and designs.

Our services

Advice and assistance

We advise and assist you for: - Project validation,

– The choice of trademarks, corporate names, domain names and other distinctive signs,
– Protection strategies and procedures for filing trademarks, filing designs and models, reserving domain names,
– The processing of complaints related to trademarks, domain names, designs and models, company names, trade names, signs, patents, etc.
– The implementation of surveillance on your distinctive signs,
– Managing your portfolio of trademarks, designs and models, domain names and patents.

Negotiation and drafting

We represent you in the context of:
– Assignment contracts for trademarks, designs and models, domain names, – Trademark license agreements,
– Trademark coexistence agreement,
- Distribution agreement,
– Franchise contract, particularly in the context of industrial property aspects.

Representation

We represent you in the context of industrial property litigation and in particular:
– Counterfeiting of trademarks, designs and models and patents both in defense and in demand, Unfair competition following the reproduction or imitation of a company name, a domain name or a trade name.

Service brands

Service brands