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Intellectual Property in France

The seizure of infringing goods and trade secrets: careful not to overstep limits!

You believe that one of your competitors is infringing upon your trademark, design or model, patent, work… and wish to take court action. Before taking action, it is recommended that you be prepared to support your case with solid evidence. The seizure of infringing goods is one of the best means for subsequently claiming your rights. However, pay attention to deadlines and the consequences of failure to act in the aftermath. The PICOVSCHI attorneys firm alerts you!

Neighboring rights-copyrights and illegally downloading: Where are we?

The fight against infringement on copyrights and on related rights caused by illegally uploading works online is at the heart of the Fleur Perrin’s, the Minister of Culture, preoccupations.

IT Companies: intellectual property lawyers defend you

As the head of an IT enterprise, your business is centered around the creation of software concepts. What if an employee in denies your rights as the employer of the software, or if your associate who you work with threatens to market your software in another company? Who can help you prove your intellectual property rights or prove that your employees are in the wrong? Our department of intellectual property lawyers come to your rescue!

The restructuring of the Rights of Trademarks within the European Union in favor of the innovation of enterprises

Legal security, the predictability and innovation of enterprises drove the Commission, the European Parliament and Counsel to reform trademark law within the European Union. Thus the harmonization of the registration procedure and the resulting reinforcement of control methods against the counterfeiter form the cornerstone of this restructuring. The Commission’s adoption on the June 10, 2015 of the “package brand” marks the commencement of changes that should be transposed by members of State with a deadline of 36 months. Until such time, PICOVSCHI lawyers can inform you of what is to come.

Sculpture counterfeited by another artist: what rights belong to the original artist?

You are a well known sculptor with your work on display. You realize that another artist has re-created one of your pieces, turning it into an industrial or commercialized product, without asking for your authorization first. You think that your rights have been wronged and wish to know how you can take further action.

Trademark Law and Google Adwords: Uncertainty remains

For many people, Google symbolizes an open, free door to the virtual world. However, the web giant is worth billions of dollars in stock. Among its lucrative activities that are surrounding the search engine in controversy, is the Google “Adwords” service.

Between Trademark Protection and Free Competition, Do We Have to Choose?

In a society where free trade is a pillar of the economy, we had to address the issue of how to protect businesses. If competition is essential to the free market, it must still be regulated to a certain extent.

Trademark Law: Knowledgeable Lawyers for Creating or Defending Your Marks

Your brand is your business’ image, so it is vital that you defend it. As a component of your business’ immaterial assets, it adds value to your company. Aware of the challenges and rise of infringement and counterfeiting, especially since the development of the internet, our firm advises our clients on whether or not to register a particular sign and also fights to preserve them.

Formal Notice of Infringement: Hire a Lawyer

You have just received a notice of infringement following the production of an item. Your competitor claims to own the rights to the design or model of the object in question. Defend yourself with an intellectual property lawyer.

The Hamon Act of March 17, 2014: An Innovative Protection for Regional Industrial Expertise

Lawyers now have a new basis for protecting regional industrial crafts. The INPI will now be in charge of assigning geographic indications to products according to specific criteria. Any attempt to undermine or circumvent this new process will be considered an act of infringement.

The Role of the Lawyer in the Fight Against Counterfeiting and Infringement

Whether you are a creator, a title holder of multiple brands, an owner of a domain name…, a lawyer is there to defend your rights. With the development of the Internet, acts of infringement and counterfeiting have multiplied, and it has become increasingly more difficulty to ascertain who is responsible for such acts.

A Collection of Rights Suited for Your Clothing Creations

Picovschi Lawyers advise new creative entrepreneurs to help them better protect their clothing collections. This step is crucial for preserving the originality of your creations and for fighting counterfeiting. Prior legal counsel is essential so that you may anticipate any litigation. It is also in cases of infringement, whether you are the defendant or the plaintiff.

New powers for judges in the fight against counterfeiting

The parallel markets for counterfeiting and piracy represent $200 billion in annual revenue for the international merchandise trade, according to OCED estimates. The development of counterfeiting and piracy is stimulated by the growth of world trade, the development of free zones, and the growth of the Internet.

Legal Developments in the Fight Against Counterfeiting

Over the past couple of years, new laws have been passed in order to strengthen the means of combatting infringement and counterfeiting. The October 29, 2007 Act complemented and reinforced the intellectual property laws of February 5, 1994, March 18, 2003, and March 9, 2004, and it shifted the April 29, 2004 European directive, which itself was largely inspired by French law. Most recently, the Act of March 11, 2014 included new provisions concerning proof of infringement, adapted to match the acts committed more frequently today, and it also expanded the damages an injured party can receive in civil court.

Industrial Property

Industrial property includes trademark law, patent law, etc. This is a branch of intellectual property law, which also includes copyrights. If the latter does not call for formal registration, industrial property rights must be filed in order for the owner to secure the rights to their property, enforceable against third parties. What are these rights? How can you protect them? What are the risks of using or reproducing someone else’s industrial property?

Registering a Trademark at the International Level

A company may have to develop its products abroad. It is thus necessary for the company to protect itself at the international or (EU) Community level. Trademark protections must be expanded. Picovschi lawyers, who have plenty of experience with these situations, will provide you with valuable advice beforehand, help you develop a strategy for filing, conduct the necessary prior research, and defend you in case of infringement.

Avoid Unintentional Infringement!

Businesses that wish to register a mark, design, model, patent, etc must make sure beforehand that their sign is not already the intellectual property of a third party!

Lawyers and Employee Inventions (Patent Disputes)

According to the INPI, the National Institute for Intellectual Property, most of patented inventions are made by employed inventors. In a context where creativity constitutes a living force in a company, the question of determining the origins of an invention and who benefits is essential. An intellectual property lawyer will know how to assist employers and employees that wish to lay claim to ownership of an invention, well before the problem degenerates into contentious litigation.

Non-Patentable Innovations: How to Protect Them

Some inventions are not eligible for patents because they do not meet the standards for patentable inventions, which require the invention to be new, inventive, and capable of industrial application. However, these inventions do benefit from the same legal protection under intellectual property laws. Picovschi Lawyers will discuss this below.

Trademark Law: Transferring a Brand or Domain Name

A company consists of individuals who come together and unite their efforts, skills, expertise, and enthusiasm in order to generate a profit. It will generally invest a certain amount of money to develop an original product, different from those already available in the market. In this context, intellectual property rights are very important: a business’ investments must have returns and be profitable.

Agreements of Coexistence in Trademark Law: Negotiating and Drafting

Brands today are key components of a business’ image and values. Therefore, it is essential to protect it well. What happens when more than one similar mark exists? Is pursuing charges of infringement the only course of action? This requires strong legal arguments to convince the judge of infringement. There is, however, an alternative: coexistence agreements. The Picovschi law firm, experienced in intellectual property law and having helped clients through many trademark situations, is here to explain your options.

The Basics of French Trademark Law

Brands, labels, and other distinguishing marks are fundamentally important for companies. They represent the company with an image. To create and choose a mark is very important, which is why it is equally important to register and protect it. Lawyers Picovschi will review the legal aspects of a trademark with you.

Patents

Obtaining a patent for an invention is a long and costly process, but extremely necessary for innovative companies or individuals. Engaging the services of a lawyer is essential for anyone who wishes to ensure that each step of the legal process is executed well. The lawyer will work in collaboration with the engineer so as to respond to the legal and technical aspects of the patent application. Lawyers Picovschi is available to guide you through the procedure.

How to Combat Counterfeiting & Infringement ?

Managers, have you though about the annual costs incurred because of counterfeiting schemes, which could be harming your own company?