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 which covers both industrial property (trademark law, design law, etc.), literary and artistic property (copyright, neighbouring rights, etc.) and new technology law.

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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 daily management of its business, for the launch of projects, or in the event of disputes with third parties. The challenges of intellectual property in the digital environment are even more essential to master.

Protecting your intellectual property rights

Some intellectual property rights are acquired by simple creation (copyright). Others must be registered with national or international offices (trademark law, design law).

These intangible rights have important specificities and the issues related to them must be handled by lawyers specialized in intellectual property, who can provide the most appropriate answers.

Valuing your intellectual heritage

Bouchara’s intellectual property lawyers assist their clients with the audit, assessment and valorization 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 write contracts in the best possible way

The firm’s intellectual property experts can advise you on how to optimize the exploitation of your rights. The firm has developed expertise in negotiating and drafting trademark license agreements and coexistence agreements with trademark owners who may infringe your rights.

Finally, Bouchara’s intellectual property specialists regularly draft all types of assignments of rights, including assignments relating to Internet sites developed by third parties or to the interior design of sales areas (with architects).

We also assist franchisors in drafting charters for the respect of intellectual property by franchisees.

How to protect your intellectual property rights?

These intangible rights have important specificities and the problems related to them need to be dealt with by lawyers specialized in intellectual property, who are able to provide the most appropriate answers .

BOUCHARA is specialized in intellectual property law and assists 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 durability of your rights and to guarantee the peaceful exploitation of your trademarks, Bouchara & Avocats offers services to monitor all infringements likely to be made to your titles and rights.

To this end, Bouchara & Avocats’ specialized lawyers monitor other titles registered by third parties, as well as any unauthorized use of your rights on the Internet, particularly through new communication vectors (social networks, blogs, etc.). As such, the firm assists its clients in protecting their e-reputation.

Defending your rights

The firm is able to represent you, both as plaintiff and defendant, before all French courts in matters of trademarks, designs, copyright or unfair competition for all types of litigation in intellectual property (infringement, invalidity of titles, seizures, etc.).

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

Bouchara & Avocats’ lawyers also represent their clients in all administrative proceedings before the Industrial Property Offices (INPI, OHIM, WIPO) and in amicable proceedings relating to domain names (UDRP, URS).

E-Commerce and personal data

The firm has developed an expertise in E-commerce.

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

Taking into account the different 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 day-to-day management of its business, for project launches, or in the event of disputes with third parties. The challenges of intellectual property in the digital environment appear all the more essential to master.

Development of a deposit strategy

In order to optimize the protection of its clients’ creations, Bouchara’s intellectual property attorneys assist them in developing strategies for filing trademarks and designs both in France and abroad with the support of their local correspondents.

In order to secure your registration projects, Bouchara’s intellectual property attorneys are able to conduct prior art searches to determine the appropriateness of a registration in light of any prior rights held by third parties.

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

Optimize the protection of your creations…

Other distinctive signs of the company

A company is also the owner of other rights on its name, and in particular on its corporate name, its trade name, its sign and also the domain names it may own.

Such signs could constitute prior art that can be used against trademarks since the provisions of Article L. 711-3 of the Intellectual Property Code stipulate that :

A sign that infringes on prior rights may not be adopted as a trademark, and in particular :

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

A trade name or sign known throughout the national territory, if there is a risk of confusion in the mind of the public

Has a protected designation of origin

To copyright

the personality rights of a third party, in particular his or her surname, pseudonym or image

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

There are numerous jurisprudences allowing the owner of one of these prior rights to oppose their rights to a later trademark, and this is why one must be extremely vigilant with regard to such rights by performing extensive searches before filing.

It is also important to be aware of your rights and to assert them if they are violated.

Our services

Assistance and advice

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

We carry out prior art searches and determine the most appropriate filing strategies: French, Community and international filings. setting up surveillance among brands, company names, domain names. Filing of customs surveillance files.

Negotiation and drafting of contracts

We assist you in the negotiation and drafting of assignment, license and coexistence agreements for trademarks, domain names and other distinctive signs.

Representation

We represent you in :

opposition proceedings before trademark offices,
alternative dispute resolution procedures for domain names, such as the UDRP,
litigation before national and Community courts in matters of trademarks, domain names and other distinctive signs.