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Lawyer in
intellectual property - Romain MIRABILE

Lawyer in
intellectual property

Consider intellectual property to defend your creativity

A robust intellectual property strategy strengthens your rights to your intangible assets, secures your competitive advantages and supports your company's growth.

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Protecting your IP

What is intellectual property?

Intellectual property is the set of rights granted to creations of the human mind. It encompasses areas such as inventions, literary and artistic works, symbols, names and images used in commerce. 

In today's digital environment, intellectual property has become crucial for the protection and enhancement of intangible assets such as software, domain names and so on.

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Protecting intangible assets

Usefulness of IP

  • Protecting creations and innovations: Intellectual property protects the rights of creators and innovators, safeguarding their works, trademarks, inventions, designs and models against unauthorized use. This protection includes the support of an intellectual property lawyer.
  • Economic enhancement: It also enables the economic enhancement of these assets, notably through licenses, transfers of rights and various forms of commercial exploitation.
  • Filing strategy: To secure these rights, it is essential to implement an effective filing strategy, involving prior art searches and assessment of trademark validity for optimum protection (e.g. with APP).

 

Your intellectual property services

  • Advice and assistance: I provide advice and assistance, as an intellectual property lawyer, for the protection of your intellectual property rights, including trademarks, domain names and other distinctive signs.
  • Negotiating and drafting contracts: I assist my clients in negotiating and drafting contracts relating to the assignment, licensing and coexistence of intellectual property rights as an intellectual property lawyer.
  • Legal representation: I represent and defend your interests in intellectual property disputes, whether for infringement actions, copyright disputes, or other trademark and patent litigation.
  • E-reputation monitoring and protection: I offer monitoring services to detect and act against any infringement of your intellectual property rights, thus ensuring the preservation of your e-reputation.
  • Training and awareness-raising: I also offer training courses and raise your teams' awareness of intellectual property issues, to help them better understand and apply these rights within your company.
Step-by-step analysis

Stages of intellectual property protection

Stage - 1
Asset valuation

I analyze your intangible assets in detail to identify your intellectual property rights and assess their current level of protection.

My methodical approach examines your trademarks, copyrights, patents, designs and models, providing a detailed report and customized recommendations to strengthen the protection of your intellectual property.

Stage - 2
Implementation of Protection Measures

After the assessment, I develop a customized action plan to optimize the protection of your intellectual assets. This includes updating intellectual property policies, registering new rights, and negotiating and drafting licensing or assignment agreements.

Specific actions that can be taken :

- Trademark and patent registration

- Drafting rights assignment contracts

- Advice on managing copyrights and designs

Stage - 3
Training and Awareness

Intellectual property is a complex and constantly evolving field.

I therefore offer training and awareness sessions for your teams, enabling them to better understand and manage your company's intellectual property rights.

Stage - 4
Asset tracking

Managing intellectual property is a dynamic process.

I offer a continuous legal watch to keep abreast of the latest developments in legislation and case law.

Through regular audits, I help you maintain and strengthen the protection of your intellectual assets.

What are your risks?

Intellectual property risks?

Intellectual property, covering areas such as copyright, trademarks, patents and designs, involves significant legal and financial risks for companies. Infringement of intellectual property rights can have serious consequences:

  • Counterfeiting can cause serious damage to a brand's reputation and result in substantial loss of income. Penalties for counterfeiting are severe, with prison sentences ranging from 3 to 4 years and fines of €300,000 to €400,000. These penalties can rise to 7 years' imprisonment and a €750,000 fine in the case of counterfeiting by an organized gang or via online networks, especially if the counterfeit products are dangerous to consumer health and safety.
  • Unfair competition, which disrupts the competitive balance on the market, can give rise to tortious liability on the part of those responsible for the breaches, resulting in damages and other financial penalties.

It's essential to be accompanied by an intellectual property lawyer!

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FAQ's

Frequently asked questions

Intellectual property protects a wide range of creations of the human mind. It includes literary, artistic and musical works, inventions, designs, trademarks, logos and even certain types of domain name. Intellectual property can be divided into two main categories: industrial property (which includes patents, trademarks and industrial designs) and copyright (which covers literary and artistic works). Protection of these elements is essential to stimulate innovation, preserve brand identity and guarantee recognition and reward for creators.

For a work to be protected by copyright, three fundamental conditions must be met. Firstly, the work must be original, i.e. it must reflect the author's personality and result from his or her creative choices. Secondly, the work must be expressed in a way that allows it to be communicated, whether in written, oral, musical or other form. Finally, the work must be fixed in a tangible medium, such as a manuscript, a digital file, a recording, etc. This fixation does not need to have been made by a third party. This fixation need not be permanent, but must enable the work to be perceived, reproduced or communicated.

To determine whether a concept is protectable, it is first necessary to understand the nature of the possible protection. Concepts as ideas are generally not protectable, as intellectual property law protects the expression of ideas rather than the ideas themselves. If a concept is sufficiently developed and expressed in tangible form, it can be protected, for example, as a literary or artistic work (copyright) or as an invention (patent). It is advisable to consult a lawyer specialized in intellectual property to assess the potential protection of a specific concept.

Copyright does not protect ideas, methods of operation, concepts, principles or discoveries as such. Similarly, facts and raw data, such as the figures in a database, do not enjoy copyright protection. Furthermore, works that do not meet the criteria of originality, fixation and tangible expression are not protected. For example, a simple title or common name cannot be protected by copyright.

To find out whether a trademark is protected, it is necessary to consult the trademark registers available from intellectual property offices, such as INPI in France or EUIPO at European level. These databases allow you to search for registered trademarks and access information such as the status of the trademark, the owner, the classes of goods or services covered, and the expiry date. It is also important to check whether the trademark is in force and renewed regularly to ensure its continued protection.

The owner of a registered trademark enjoys exclusive rights over it. This includes the right to prohibit third parties from using a similar or identical sign for confusingly similar goods or services. The trademark owner may also grant licenses, assign the trademark, or take legal action to enforce its rights in the event of infringement. In addition, the registered trademark can be used as a basis for unfair competition actions and for defending against unauthorized use or reproduction of the trademark.

Learn more about intellectual property law

Visit intellectual property is a major asset for any company or creator seeking to protect their innovations. innovations and creations. It secures rights to original works, inventions, trademarks or designs. The protection of these assets is essential to prevent unauthorized use, counterfeiting and counterfeiting and unfair competition.

Good management of intellectual property rights not only ensures the protection of economic interests, but also enhances the value of creations and inventions in the marketplace. By investing in adequate protection, companies can strengthen their competitive position, attract investors and potential partnersand ensure sustainable growth.

The intellectual property lawyers play a crucial role in this process, providing strategic advice, filing and registration services, and taking legal action to defend their clients' rights.

Definition and challenges

Visit intellectual property encompasses the rights granted for creations of the mind, such as literary and artistic works, inventions inventionsinventions trademarkstrademarks designs and models.

These rights enable designers and inventors to benefit from legal protection and to exploit their creations on an exclusive basis. The challenges of intellectual property are manifold: they include the protection of innovationspreventing counterfeitingand promoting fair competition.

Effective management of intellectual property is essential to stimulate research and developmentpromoteinvestment and encourage creativity. Companies that master these aspects can better protect their intangible assetsstrengthen their market position and gain a sustainable competitive advantage.

Types of intellectual property

Visit intellectual property is divided into several categories, each protecting different types of creations and innovations:

  • Copyright Protects literary, artistic and musical works, allowing authors to control the use of their creations.
  • Brands Brands: Identify and distinguish a company's products or services from those of its competitors, reinforcing brand identity.
  • Patents Protect technical inventions, offering inventors exclusive rights to exploit their innovations for a limited time.
  • Designs Protect the visual appearance of products, such as industrial designs, enabling creators to maintain a competitive design edge.

Each of these categories plays an essential role in the protection and enhancement of intangible assets. intangible assets of companies and creators.

Protection of intellectual property

The protection of intellectual property begins with the filing and registration of rights with the appropriate bodies, such as theINPI (Institut National de la Propriété Industrielle) in France. This process ensures that creations and innovations receive legal recognition. Once registered, these rights must be regularly monitored to detect any unauthorized use.

In the event of a dispute specialized lawyers intervene to defend and assert holders' rights before the courts. Proactive protection also includes audits to evaluate and optimize existing protection strategies, as well as the establishment of solid contractual clauses to prevent future conflicts.

Valuing intellectual assets

The valuation of intellectual assets is a key element in maximizing the return on investment of creations and innovations. This starts with regular audits to assess the value of intellectual property rights rights held by a company. This is followed by licensing and franchising can be implemented to generate additional revenues.

Collaboration with business partnersthe sale or granting of operating licenses are all ways of exploiting these assets. The specialized lawyers play an essential role in providing legal and strategic advice to optimize the use and protection of intellectual property rightsto ensure a sustainable competitive advantage in the marketplace.

Legal advice and support

The advice and legal support are essential to ensure effective management of intellectual property rights. The specialized lawyers offer a wide range of services, including negotiating and drafting contracts to protect creations and innovations. They also intervene in the event of litigation, representing their clients before the courts and competent bodies.

In addition to these services lawyers provide strategic advice to optimize the protection and valuation of intellectual intellectual assetsassets, helping companies to navigate the complex legal landscape of intellectual property.

Training and awareness-raising

Training and awareness-raising play a crucial role in protecting intellectual intellectual property. It is essential that companies and their teams are well informed about the issues at stake and the procedures for protecting them. The specialized lawyers offer training sessions to educate employees about the risks of counterfeitingprotection strategies, and the importance of asset monitoring.

These training courses reinforce internal vigilance and ensure that everyone in the company understands the best practices for protecting creations and innovations.

Get support to defend your interests

The protection of intellectual property is a fundamental pillar for any company seeking to protect and enhance the value of its creations. creations and innovations. Thanks to rigorous filing and registration procedures, continuous monitoring, and the support of specializedspecialized lawyerscompanies can secure their intangible assets and strengthen their market position. In addition training and awareness-raising initiatives are essential to guarantee optimal protection and prevent the risks of counterfeiting and unfair competition.

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