The firm meets the needs of its clients faced with problems or disputes relating to patents, trademarks, unfair competition, parasitism or counterfeiting. As an indication, please find below a non-exhaustive list of the main subjects dealt with by the firm:
- Neighbouring rights (producer, performer, director, composer, etc.)
- Infringement actions, unfair competition actions, parasitism
- Drafting of contracts for the exploitation and assignment of copyright
- Protection of copyright and artistic and literary property
- Patent law: filings, licensing agreements, infringement
- Drafting of contracts for the enhancement and protection of the brand
- Advice and assistance in trademark law: prior art, INPI filing, assignments, licenses
- Filing of designs before the competent offices
We are at your disposal to offer you our services and assist you in all your projects and disputes.
As an indication, please find below a non-exhaustive list of the main topics covered by the firm:
- Litigation for counterfeiting, unfair competition and parasitism
- Literary and artistic property: protection and valuation of copyrights
- Patent filings, licensing and co-ownership agreements, claims actions
- Trademark law: search for prior art, filing, assignments and trademark licenses
- Negotiation and drafting of contracts, defense of trademark rights
- Negotiation and drafting of contracts relating to the exploitation of works
- Copyright in literature, music, audiovisual, art, digital ...
- Design Law, INPI, OHIM, WIPO filings
More schematically, the firm provides advice, information, representation and assistance for all your projects and procedures in the following areas:
Specialization in "Intellectual Property Law" accredited by the National Bar Council.
Artist and author agent
Data Protection Officer
After having followed industrial and technological groups in business law, Mr. Roquefeuil has developed litigation expertise in intellectual property law, information and communication technologies, and is liable for criminal prosecution.
He has provided numerous services at the INPI to guide entrepreneurs in their litigation or pre-litigation of trademarks, copyright, designs and models, patents.
In portfolio valuation, he contributes to the legal audit of securities and contracts relating to the company's intangible assets or coordinates the overall valuation.
The firm remains more focused on pre-litigation and litigation of intellectual property before French courts, with a focus on amicable and transactional solutions.
The registration of a trademark allows applicants to defend their visual identity, know-how and notoriety. It should not be confused with patenting, which is very different. It is possible to register a trademark directly on the INPI website, however this does not exclude possible disputes.
One of the most common cases is to see an identical previous filing by another person. That is why it is useful to solicit a lawyer to carry out a search for the anteriority of the trademark.
Disputes may arise between several companies regarding the ownership of a trademark. The validity of the deposit may be contested, as may its duration, or the date of submission to an accredited body. The similarity between two trademarks can also be a source of litigation. In these cases, Me Pierre Roquefeuil's firm can help you to assert your rights.
The supervision of a trademark assignment or transfer, due to its sensitive nature, must be ensured by a legal actor capable of preventing disputes during negotiations but also after the signature of an agreement between the parties.
The legal audit of brands makes it possible to enhance the value of intellectual property assets and to negotiate them more finely according to the context (sale, liquidation, merger, licensing, etc...)
In France, a patent is an industrial property right that prevents a process from being exploited by a third party for an average period of 20 years. A patent is only valid in the country in which it has been filed, but there are procedures to enforce it in other countries. These procedures are radically different from a trademark filing or the concept of copyright. the firm can assist you when disputes arise during the filing of patents and its exploitation: - It is complex to give international validity to a patent ;- A patent can be contested by a third party (similarity, filing of an invention already patented, procedural defect, etc.) ;- The legal term of protection granted to the patent expires ;- A third party is suspected of infringement actions. - An invention may also have been developed by several persons, requiring a patent co-ownership contract - An employee may file a patent and not receive financial compensation from his manager The legal evaluation of the patent makes it possible to value, within the framework of a global analysis, the intellectual property asset and to negotiate it more finely a portfolio according to the context (sale, liquidation, merger, licensing, etc...)
Industrial design : drawings and models
Designs protect industrial "design", i.e. the appearance of products. In France, their protection is for a minimum period of 5 years, which may be extended in increments of 5 years, up to a maximum period of 25 years. Only new designs with their own character may be protected. Subject to being original, a registered design also benefits from copyright protection.
Infringements of the rights attached to protected designs may be the subject of an infringement action, possibly accompanied by an action for unfair competition.
In the field of design law, the firm can take charge of:
- Filing of designs before the competent offices (INPI, OHIM, WIPO)
- Carrying out prior art searches among designs
- Submission of customs surveillance files
- Representation in litigation
Author rights, Copyright, Neighboring rights
Literary and artistic property is one of the areas of intellectual property law relating to copyright and rights related to copyright.
Literary and artistic property traditionally covers intellectual works such as novels, poetry, theatre, cinema, speeches, press articles, scientific, historical and geographical works, works of sculpture, painting, music, photography, decoration, architecture, etc.
The Firm advises and defends the various actors in the field of intellectual creation (authors, performers, artists, publishers, producers, directors,...).
Copyright also applies in part to computer law and software. Its scope and complexity require a thorough knowledge of the subject matter for which the firm is able to advise you (drafting contracts, protocols, assignment of rights, etc.) and to defend you (counterfeiting, unfair competition, parasitism, etc.).