INTELLECTUAL PROPERTY RIGHTS

Intellectual property refers to creations of the mind: inventions, literary and artistic works, symbols, names, images, and designs used in commerce. Intellectual property can be divided into two categories:

• Industrial property: inventions (patents), trademarks, industrial designs, and geographic indications of source.
• Copyright: literary and artistic works such as novels, poems and plays, films, musical works, artistic works such as drawings, paintings, photographs and sculptures, and architectural designs.

Intellectual Property Rights (IPR’s) are territorial in nature and the owner of such rights within the UK may not have these rights outside the UK or may indeed have different rights. In France, IP covers industrial property as well as copyright (authorial rights and interpretation rights).

More specifically, Industrial property in France includes patents, brands, designs, models, geographical locations of semi conducting products, computer programme security and patents of biological invention. It also includes the naming of businesses, brands and logos as well as their place and person of origin.

In France, authorial rights of any creation can be protected; whatever the medium, the genre, the value or the purpose. Interpretation rights or ‘les droits voisins’ benefit those who are not habitually recognised as authors; for example producers, enterprises whose business is mainly audio-visual or artists who interpret the work of others.
Applicants can either apply to the European Patents Office (EPO) or to the Institut National de la Propriété Intellectuelle in France (INPI). Owing to the complexity and importance of applications, it is best to seek the advise of a specialist as a poor draft may result in poor protection. Applicants having a residence or their principal place of business in France must file with INPI unless claiming the priority of an earlier French application.

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Intellectual property Rights - New technologies - Patents - Trademarks

NEW TECHNOLOGIES

Owing to the rapid growth of new technologies in recent years, no specific codes of law exist. To operate in the field, the lawyer must therefore have a great deal of technical know-how at his fingertips as well as an in depth knowledge of most areas of law.

Owing to the global nature of this area of business, there are no specific requirements for France, although it is always best to consult specialist when wishing to apply for a patent or copyright as Intellectual Property Rights are territorial in nature.

Given the relative youth of Du Manoir de Juaye and associates as a law firm it is no surprise that we have a particular interest in this domain as we have evolved along side and indeed within it.

For more specific information or questions contact Thibault du Manoir de Juaye.

Intellectual property Rights - New technologies - Patents - Trademarks

PATENT

In the UK a patent gives an inventor the right for a limited period to stop others from making, using or selling an invention without the permission of the inventor. Patent rights last for up to 20 years in the UK. In France, an application for one of two certificates must be made; patent pending or authorial ownership.

How do I obtain a patent in France?

You will first have to prepare an application for a patent; a technical document that in itself carries legal weight. It is comprised of two parts; a description and a claim and can include drawings which must be followed by a synopsis or summary. Therefore, given the precise nature of such a document it is best to seek the advice of a professional lawyer as a poorly worded application may not protect you enough, or may even be rejected by the INPI.

The description, as one would expect, describes the article concerned in layman’s terms and situates it in relation to any technicalities. This section supports the claim for a patent, meaning a vague description of the article may lead to a rejection by the INPI or a cancellation of the certificate by subsequent tribunal.

The claim defines the breadth of protection requested by the author and therefore needs to be such that it protects against all illegal usage. An attention to detail is vital, as well as the capacity to recognise all the possible domains into which the article may be extended.

To make a claim, the above mentioned application needs to either be presented to the INPI in person or by post, or presented to the local authority of the region (“département”) if outside Paris. You should attach the patent fee to the application (obtainable from the patent office of the municipality).

The role of the ‘avocat’ in such circumstances is to advise, assist or represent his client in the instances of acquisition, maintenance, exploitation or defense of such a claim. He can prepare the application to the required standard and in the worst case, follow up any failed claims by appeal.

Intellectual property Rights - New technologies - Patents - Trademarks

TRADEMARKS

A trade mark is any sign which can distinguish the goods and services of one trader from those of another, where a sign refers to: words, logos, colours, slogans, three-dimensional shapes and sometimes sounds and gestures.
Thus a trade mark is a "badge" of trade origin and can be used as a marketing tool so that customers can recognise the product of a particular trader. To register a trademark in the UK, this “badge” must also be capable of being represented graphically, that is, in words and/or pictures whereas in France…

How do I obtain Trade Mark status in France?
The application for trade mark status is in itself uncomplicated, however, the drafting and collection of documents is best handled by an advisor in IP law as an inattention to detail may result in poor protection for the trade mark concerned.
The application must include 5 copies of the completed registration application, which can be obtained from the INPI. The form requires the design owner to list the products and/or services that come under the name of the trade mark; great care must therefore be taken when constructing such a list as it is the source of trade mark protection. It may also ask you to describe the trade mark, its distinctive features or colours.

How do I protect a design in France?
In the UK, designs are protected in three ways:

Registered design: gives the owner the right to bring legal action and claim damages against those who might be infringing the design. In the UK, a registered design gives the owner the exclusive right to make, put on the market, import, export, use or stock any product to which the design has been applied or in which the design is incorporated. The owner may permit others to use the design under agreed terms within the UK and the Isle of Mann.

Design right in the UK refers to original, non-commonplace designs of the shape or configuration of articles. In the UK, design right prevents deliberate copying and last 10-15 years after first marketing items made to that design. In the UK, you do not have to apply to register design right. Design rights may be bought, sold or licensed.

What happens if a third party infringes my IPR’s or uses my trade mark?
The national law in France complements European Law, however it does include patents. Counterfeiting of a trademark is nevertheless regarded as a customs offence in France and the importation or exportation of such goods is equally regarded as an offence independent of their origin. Counterfeiting carries a maximum sentence of two years imprisonment and a fine of 155 000 €. In the instance of a repeat offence or relation to the IPR holder, such penalties may be doubled.

Intellectual property Rights - New technologies - Patents - Trademarks