You create, we protect
Intellectual property relates to the acquisition, protection and exploitation of:
Trademarks and other distinctive marks
Corporate names, trade names, signs…
Protection by copyright or by the registration of industrial designs
Patents, technology know-how
Acquisition and management of intellectual property rights
Rights of Trademarks
• Prior Art Search
Before using a brand to design products or services, one should make sure the brand is available with a prior art search.
Searches are made in a professional database and not in free databases proposed by various offices of intellectual property, which are incomplete and unreliable.
To reduce the cost of searches, we define the parameters and make the online searches ourselves. Following an intelligible and exhaustive presentation, we analyze the search results on a case-by-case basis to determine the risks of conflicts and the chances of success. We sometimes also include a search for jurisprudence in a specialized database.
French, Community and international brands: we draft the application and follow the registration procedures until the end of the registration process.
To ensure local foreign protection, we rely on a network of trusted correspondents.
The application strategy will depend on the results of the research, the countries where protection is desired and the costs involved in its implementation.
Our pricing is simple, transparent and flat rate. The cost of a trademark registration includes all the services from the application until the registration of the brand. In case of opposition or refusal, a separate pricing will apply after a preliminary estimate.
• Trademark Renewal, Portfolio Management
Through a computer software developed specifically for our needs, we manage renewal deadlines and notify our clients 6 months ahead of time of their upcoming brand renewal.
Our customers have online access to this software, which gives them an easy and direct access to all their information and documents relevant to their brands without having to consult their own files.
The renewal of the brand is also an opportunity to discuss with the client his protection strategy in order to improve and optimize it.
Monitoring is crucial when registering a brand to protect it. We offer a free monitoring services for 6 months to our new clients. We receive daily reports showing us if identical or similar brands are being registered in target countries. This enables us to react very early and take appropriate measures such as formal notice of withdrawal, opposition, etc… Beyond these 6 months, a monitoring plan will be proposed including the analysis, the transmission of the relevant reports and a letter of formal notice to the applicant(s).
DRAWINGS AND PATTERNS
• Prior Art Search
To satisfy the same reliability objectives, we perform searches in professional databases and not in public free databases. In case of litigation, we sometimes estimate our chances of success or failure by studying jurisprudence in a specialized database.
We file an application for drawing and patterns in France, in Europe and worldwide by using various application strategies according to the countries where protection is desired and the costs involved.
We process the applications and follow the registration process until its completion.
• Management and Renewal
We watch renewal deadlines and notify our clients accordingly. We also provide online access to our brand management software.
Registration: in order for our clients to better control these strategic assets, they are systematically designated as owner and administrative contact of the domain name at the registrar. Based on our client’s preferences, we can be designated as administrative contact to manage the renewals and perform various administrative tasks related to the domain name(s). We will NEVER deny an owner administrative access to their domain name(s), as some providers too often do, in order to exercise an unacceptable right of retention.
Under certain conditions, they may be registered in France and worldwide as a drawing or pattern. As is the case for brands, these property’s titles are managed through our brand management software with an online access for our clients.
Sometimes these intellectual works cannot be registered. Nevertheless, they may be protected by copyright ownership. We then advise our clients so that they can protect their rights in the most effective way.
Inventions may be protected by patents if they fulfill specific legal requirements.
Sometimes a patent application is not possible for the following reasons:
• The invention does not fulfill the requirements: we will then speak about know-how
• The budget for protecting the invention by filing a patent is too high
• The patent application may reveal the invention to third parties
• The applicant is unwilling to put up the necessary efforts in order to protect his patent against possible infringers
ADDAX Avocats guide and advise to:
• Adopt the first necessary measures to protect the invention or know-how of their clients
• Adopt the protection strategy that best suits their interests
• Support their clients in choosing a patent attorney to formalize the application
The protection of intellectual property rights consists of three steps:
• Application/registration: legal application at an industrial property office or private applications to prove the existence of a right
• Prevention: monitoring the actions of third parties
• Action: file an opposition to an industrial property office, file a petition for cancellation, infringement, customs deductions, counterfeit seizures.
For domain names: initiate an administrative procedure (UDRP type) to transfer a name registered in bad faith by a third party to its rightful owner.
Exploitation of Rights
When the owner of an intellectual property right doesn’t exploit the content of his right himself, he will want to grant to a third party the use of his intellectual property right.
To this purpose, he will have to propose an exclusive or non-exclusive license contract, and impose obligations which can be important in both number and variety.
Each use of the right suits a particular situation. The contract should also take into account and anticipate as much as possible all situations and difficulties the parties may face during the term of their contractual relationship.