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? It is important to seek the counsel of an intellectual property lawyer in advance, so that you may develop the best strategy for your needs and defend yourself against possible litigation. Picovschi Lawyers are very experienced and ready to lead you toward success.
What protections come with the different rights?
Patents protect innovations or inventions. They grant the owner an exclusive title of intellectual property, which means that the holder has a monopoly on its use and operation for a period of 20 years.
A patent application requires meticulous drafting, so it is advisable to consult with an expert in patent drafting. Once drafted, the claim is then brought before the INPI (National Intellectual Property Institute) for review, to check that the conditions of form and substance are met.
Protections for designs or models grant their creator exclusive rights to operate, sell, or license their property. To obtain the industrial property rights, it is necessary to register with either the INPI in France, the OHIM in the European Community, or the WIPO internationally.
A brand is essentially a company’s image, so it is an absolutely key business element. It is therefore strongly recommended to register a trademark with INPI in France or the other intellectual property rights institutions mentioned above.
Regardless of where you file your trademark, when registering a trademark it is essential to do prior research, preferably with the help of an intellectual property lawyer, to ensure that no sign that is similar or identical to yours already exists.
Infringement: Consequences of Using or Reproducing Protected Industrial Property
In cases of infringement, the Intellectual Property code refers to the Penal Code, which considers it a misdemeanor crime. Thus, the infringing party is liable to a prison sentence and/or a fine.
Generally, infringement is punished civilly, granting damages to the owner whose intellectual property was violated at one of the nine courts with jurisdiction in this type of law in France.
In addition, it is not uncommon for charges of parasitism or unfair competition to be pursued if there is a recognized case of infringement.
If you are accused of infringement or counterfeiting or are a victim of these actions, it is essential that you hire an intellectual property lawyer. In fact, legal counsel is required for these cases in court. Picovschi Layers will defend your interests in any situation, and we will persevere in the fight against counterfeiting.