Defense of intellectual property
International contracts – Trademarks – Patents – Designs and Models – Copyright
Litigation of ownership, opposition, validity, infringement – Litigation of contracts for the use of intellectual property and R&D contracts. Assistance in the drafting of development contracts, operating contracts, licensing, technological and IT contracts. The firm assists you in the protection and management of your intangible assets, with an entrepreneurial and operational approach, combining business and litigation experience:
IP management, protection and exploitation of intangible assets, contracts:
– Determination of protection instruments;
– Advice on valuations, deposits and portfolio strategies.
– Advice, assistance in drafting R&D and operating contracts: Technology and international trade contracts.
Protection of business secrets, know-how, drafting of confidentiality agreements
Deposit of works, creations and works, know-how, in the blockchain for time-stamping
Dealing with unfair competition, free riding
Know-how transfer contracts
Legal treatment of difficulties related to counterfeiting, copying, contracts, copyright, trademarks, models, patents and competition (validity, opposition, ownership, counterfeit)
Breaches of contracts, infringements: disputes relating to contracts, competition and intellectual property titles (ownership, validity, infringement)
– WIPO and ICC arbitration
– International Chambers of Commerce of the Paris Commercial Court
– Paris Court of Justice, intellectual property offices
– EU courts and offices
Intellectual property management
The firm assists you in coordinating the audit and evaluation of securities and contract portfolios, then in the negotiation and drafting of technology contracts (transfers, exclusive and non-exclusive licenses). The evaluation includes the detailed legal analysis of the titles and contracts as well as the coordination of experts involved in the technical and economic aspects, on operations such as: sale, takeover, transmission, restructuring, financing, compensation, tax reorganization, business plan development, stock market listing, liquidation. The firm supports you in setting up structures adapted to your project: contracts, companies, commercial, technological and industrial partnerships, financing, insurance contracts and risk management. The firm helps you in determining and implementing square protections of intellectual property on know-how, techniques, trade secrets, inventions, signs, creations, in litigation defense, as well as in the evaluation and exploitation of intellectual property. Assistance with contracts and markets intellectual property include the negociation transfer of rights, of licenses exclusive or non-exclusive, research contracts, of development, and partnership, of chords privacy. The advice extends to the problems of acquisition, evaluation and management of contracts and industrial property titles, patents, brands, designs and other titles. – Coordination of the evaluation of titles (patents, trademarks, designs and models, copyrights) and contracts (R&D, exploitation, licensing); – Assistance in setting up R&D contracts; – Determination of the protections to be put in place on intangible assets; – Coordination of prior art searches and filings; – Assistance in setting up operating contracts; – Assistance in contract litigation (contractual breaches) and intellectual property titles (ownership, validity, infringement). The management of intellectual property involves valuing the immmaterial, and to weigh the strategies, protection needs, valuation objectives (acquisition? sale? liquidation? litigation? income escounted andice? exploitation? cost-value? market value? revenue value? on which plate? what rate? which determinant of purchase? what figures, often confidential, to negotiate? where are the studies on comparables?). The legal tools are varied and are not limited to patents and patent families, utility certificates, they also consist of copyright, secrecy (often futile), publication, time-to-market . Valorization involves first of all making an inventory of the immaterial: patents (with what inventive quality? what citations? in the ecosystem? and what legal force? for what potential litigation?), R&D and license, confidentiality, know-how, technical documentation (protected by secrecy, marginally by copyright), trademarks, designs and models, software for selling services, CAPEX strategies, fundraising, repayable advances, success fees. The more detailed the inventory, the more the valuation can be adapted and varied (by which teams of evaluators, which industrial property attorneys, which economists, which State institutions, which lawyers, which software? which sales and license platforms what patent bases?), capable of attracting investors. How to be cited in the patent databases? In which cartography? What intervention in standardization bodies? What FRAND licenses and royalties? What patents are essential to the standard? Join a pool? What tactic?
Trademark and commercial promotion law
- Domain name recovery
- Law of indications and appellations
Literary and artistic property
Legal coordination of multimedia projects:
Assistance in the negotiation and drafting of IT contracts, contracts for orders, recording, publishing, assignment of copyright and related rights, Coordination of the protection and enhancement of related rights (artist-performer , director, composer) Coordination of the protection and enhancement of copyright (literature, music, art, digital, etc.) Handling of disputes (ownership, validity, infringement)
Protection of name, image, trademarks – Events – Entertainment law – Right of retransmissions of sporting events in streaming
Coordination of prior art searches and filings Assistance and representation in design and model litigation
Contractual technique – Implementation of international contracts – Arbitration
IT: contracts / cybersecurity / breaches of contract
Assistance in bringing IS and organizations into compliance (GDPR, cybersecurity) and in crisis management (legal recourse, complaints, insurance recourse)
Assistance in drafting contracts, appeals for breaches
Invention patent law
Intellectual property is an intangible asset
Intellectual property is an intangible asset which is essentially reserved by the techniques of patents, trademarks, designs and models, copyright and copyright specific to software, for variable durations. , and by the contractual technique. What is not reserved is free to use: this is the principle of free competition, provided that it remains fair: parasitism and unfair competition are sanctioned.
Intellectual property is the subject of contracts: research and development contracts drawn up to update an intangible asset, operating license or assignment contracts for this intangible asset. It is also the subject of disputes: infringement disputes for copying or unauthorized use, ownership disputes: who owns what, validity and opposition disputes: is the title of ownership valid, in particular look at other people's previous similar creations? These simple notions are however broken down into a multitude of complex and tortuous points, bringing into play a number of actors, procedures, regimes and strategies, for each type of asset: patent, trademark, copyright, design and models, at national, community and international level.
The Roquefeuil firm intervenes to assist you with these issues.
- in the determination of the protection techniques adapted to the project, in the evaluation of your intangible assets, in the filing and litigation strategies for patents, designs and models, trademarks, copyright according to your development plan and the context;
- in the drafting of your international intellectual property contracts (development, license, assignment, JV, etc.), your technological and IT contracts,
- and in the related litigation (referred to the judicial court and the commercial court, in particular the international chambers of commerce of Paris, proceedings before the intellectual property offices).