Contracts & Litigation
We negotiate and draft your contracts covering your industrial property rights and assist you through disputes, pre-litigation and litigation fases.
OUR CONTRACT SERVICES:
- Patent, trademark, and design licensing and sale contracts
- Technology transfers
- Domain name assignment
- Creation and sale of royalty income
- Joint ownership regulations
- Draft agreements
- Nondisclosure contracts
- Coexistence agreements
- Contracts covering inventions and creations by employees
OUR LITIGATION SERVICES:
- Infringement proceedings
- Counterfeit seizure actions
- Pre-litigation negotiations
- Litigation strategy advisors
- Actions for patent or trademark revocation and opposition
- Applications for community trademark forfeiture
- Applications for a community design revocation
- Appeals against a decision of the OHIM
- Procedures for recovery of a domain name
- Litigation on employees' inventions
- Unfair competition and free-riding
THE CONTRACT IS FUNDAMENTAL
A contract is the instrument that allows a person or a corporation to benefit from a right (by the sale, purchase or license of a trademark or patent) and defines your relations with your partners (development contract, collaboration, working arrangement, licensing, etc.)
The signature of a contract thus constitutes a particularly significant commitment which, if not complied with, will be severely penalized by the courts. Therefore, the contract should not contain clauses that cannot be fulfilled or are prejudicial to your interests.
CONTRACTS: A SPECIFIC EXPERTISE IS REQUIRED
The drafting of a contract requires specialized knowledge of industrial property law and case law. Only very specialized training and experience in industrial property makes it possible to benefit from the characteristics of the various rights, and avoid the many pitfalls awaiting the inexperienced (plurality of protections, concepts of territory, etc.). Also, the presence of specialised IP Attorneys in our team means that we can validate certain points that may have a technical impact (collaboration on technical developments, fate of any improvements made under licensing or sale contracts, etc.).
Moreover, details on employee’s invention rights require special expertise in order to draft the appropriate clauses of an employment contract so that the interests of both parties are met in compliance with legal obligations.
LITIGATION
Before engaging any legal action, our specialized IP attorneys analyze the situation and evaluate the risks and stakes involved in such actions in order to propose the most appropriate lines of attack or defence.
We represent you throughout all pre-litigation (negotiation) and preparatory phases (copy seizure) and take an active part in the legal proceedings by close collaboration with your attorney at law.
LEGAL EXPERTISE, BUSINESS EXPERIENCE
Our experience and knowledge of the business world enable us to advise you on your specific business and develop a strategic approach suited to your objectives and your constraints.
Furthermore, the technical expertise of our engineers specialized in Industrial Property lend vital support to the litigation procedure concerning industrial products.
NONDISCLOSURE OBLIGATION – ATTORNEY PRIVILEGE
Like attorneys at law, as French Patent Trademark Attorney (Conseil en Propriété Industrielle), we have a strict obligation to ensure nondisclosure compliance in all our dealings with our customers. This obligation goes well beyond just professional ethical considerations and is covered by statute law.
Moreover, our status ensures that you benefit from client attorney privilege. This means that in the event of legal conflicts or disputes, you cannot be constrained to produce sensitive documents that we might have exchanged for use by the opposing party or court proceedings.
