Intellectual property law

Areas of expertise >     Intellectual property law

Intellectual property is a major issue for the proper development of the activity of companies and creators. It is a branch of law covering both industrial property (trademark lawdesign law etc.), literary and artistic property (copyright, neighboring rights etc.) and the law of new technologies.

Intellectual property: a strategic issue

Taking into account the various intellectual property rights is essential at all stages of a company's development, whether in the context of the daily management of its activity, for project launches, or in the event of disputes. with third parties. The stakes of intellectual property in the digital environment appear all the more essential to master.

Protect your intellectual property rights

 

Some intellectual property rights are acquired by mere creation (copyright). Others need to be filed with national or international offices (trademark law, design law).

These immaterial rights present significant specificities and the issues attached to them need to be dealt with by lawyers specializing in intellectual property, able to provide the most appropriate answers.

Enhance your intellectual heritage

 

Lawyers specializing in intellectual property at Cabinet Bouchara support their clients in the context of audits, evaluations and valuations of their intellectual property assets.

We also offer training and awareness-raising operations on the protection and respect of intellectual property for all your teams.

Negotiate and draft your contracts as well as possible

 

The Firm's expert intellectual property lawyers advise you on how to optimize the exploitation of your rights. The Firm has developed expertise in the negotiation and drafting of trademark license agreements and coexistence agreements with trademark owners who could infringe your rights.

Finally, the lawyers specializing in intellectual property at Cabinet Bouchara regularly draft all types of assignments of rights, and in particular assignments relating to websites developed by third parties or to the interior design creations of sales areas (with architects). .

We also take care, within the framework of the accompaniment of franchisors, of the drafting of charters of the respect of the intellectual property by the franchisees.

How protect your intellectual property rights?

These immaterial rights present significant specificities and the issues attached to them need to be dealt with by intellectual property lawyers, able to provide the most appropriate responses. 

The firm BOUCHARA specializes in intellectual property law and thus supports its clients in both literary and artistic property law and industrial property law.

Monitor your rights and protect your e-reputation

In order to ensure the sustainability of your rights and to guarantee a peaceful exploitation of your trademarks, Cabinet Bouchara & Avocats offers monitoring services for all infringements likely to be made to your titles and rights.

To do this, the specialist lawyers of Cabinet Bouchara & Avocats carry out monitoring missions among the other titles filed by third parties, as well as careful monitoring of any unauthorized use of your rights on the Internet and in particular through new communication vectors (social networks, blogs, etc.). As such, the Firm assists its clients in the protection of their online reputation.

Defend your rights 

The Firm is able to represent you, both in demand and in defence, before all French courts in matters of trademarks, designs and models, copyright or unfair competition for all types of intellectual property litigation (counterfeiting, invalidity of titles, seizures-counterfeits etc.).

Similarly, the firm's lawyers follow up on your disputes abroad, in close collaboration with their local correspondents.

Lawyers from Cabinet Bouchara & Avocats also represent their clients in all administrative proceedings before industrial property offices (INPI, OHMI, WIPO) and in the context of mutual agreement procedures relating to domain names (UDRP, URS).

E-Commerce and personal data

The Firm has developed expertise in e-commerce.

The specialist lawyers of Cabinet Bouchara & Avocats are able to advise you in the drafting of General Conditions of Sale and General Conditions of Use, to assist you in the management of balances and private sales online, as well as in all your procedures relating to the processing of personal data in particular with the CNIL.

Consideration of the various intellectual property rights…

Taking into account the various intellectual property rights is essential at all stages of a company's development, whether in the context of the daily management of its activity, for project launches, or in the event of disputes. with third parties. The stakes of intellectual property in the digital environment appear all the more essential to master.

Development of a filing strategy

 

To optimize the protection of its clients' creations, the lawyers specializing in intellectual property at Cabinet Bouchara support them in the development of trademark and design filing strategies both in France and abroad with the support of their local correspondents.

In order to secure your filing projects, the intellectual property consultants of the Bouchara law firm are able to carry out prior art searches to determine in advance the appropriateness of a filing with regard to any prior rights held by third.

We also assess the validity of the brand so that our clients can capitalize on distinctive signs that they can effectively protect.

Optimize the protection of your creations...

Others hallmarks of the company

A company also holds other rights to its name, and in particular to its corporate name, its trade name, its trade name and also the domain names it may hold.

Such signs could constitute opposable anteriorities to trademarks since the provisions of article L. 711-3 of the Intellectual Property Code provide that:

A sign infringing prior rights, and in particular:

Has a denomination or company name, if there is a risk of confusion in the mind of the public

Has a commercial name or a brand known throughout the national territory, if there is a risk of confusion in the mind of the public

Has a protected designation of origin

Copyright

The right to the personality of a third party, in particular to his surname, his pseudonym or his image

In the name, image or reputation of a local authority.

There are many case law allowing the holder of one of these earlier rights to oppose their rights to a later mark, and this is the reason why it is necessary to be extremely vigilant with regard to such rights by carrying out searches in particular extensive before filing.

You must also be aware of your rights and assert them in the event of an infringement.

Our services

Support and advice

We assist and advise you in the context of the protection of the rights of holders of distinctive signs (trademark law, domain names, company names, trade names, signs).

 We thus carry out: prior art searches and determine the most suitable filing strategies: French, community and international filings. implementation of surveillance among brands, company names, domain names. Submission of customs surveillance files.

Negotiation and drafting of contracts

We support you in the negotiation and drafting of contracts for the transfer, license, coexistence of trademarks, domain names and other distinctive signs.

Representation

We represent you in the context of:

– opposition procedures before trademark offices
– alternative payment procedures relating to domain names, UDRP type.
– contentious proceedings before national and community courts in matters of trademarks, domain names and other distinctive signs.

Service brands

Service brands