07 Intellectual Property Law

ARST Avocats acts as an intellectual property lawyer, advising companies, executives, creators, and networks to protect, exploit, and defend their intellectual property rights. The firm provides both advisory and litigation services, primarily in trademark and copyright.

Our intellectual property practice is part of a broader approach to business law. It is notably associated with our activities in contract law, franchise and distribution law , and business litigation.

INTERNAL LINKS TO BE CREATED:
"Contract Law" → corresponding Expertise page
"Franchise and Distribution Law" → corresponding Expertise page
"Business Litigation" → corresponding Expertise page

Intellectual property lawyer: advice and litigation

Our intervention asintellectual property lawyers covers all issues related to the protection, contractual exploitation and defense of trademarks and copyrights.

We support our clients from the identification of rights to be protected to their valuation and defense, integrating intellectual property issues into their commercial and contractual strategy.

This dual practice of consulting and litigation allows us in particular to anticipate risks when drafting contracts and to intervene when the exploitation or use of an intellectual property right gives rise to a dispute.

Trademark law: filing, protection and valuation

A brand is often one of a company's main assets. Its protection should be considered from the outset and adapted to its development.

ARST Avocats assists its clients in defining and implementing their trademark protection strategy, in France, in the European Union and, when their business requires it, internationally.

The firm's services include, in particular:

• prior art searches and assessment of trademark availability;
• the filing and registration of trademarks ;
• brand monitoring and renewal;
• the procedures for opposition or invalidity;
• the definition of the scope of protection of a trademark;
• the organization of the ownership and exploitation of trademarks within a company, group or network;
• drafting and negotiating trademark licensing agreements ;
• trademark transfer transactions .

The procedures relating to the filing and registration of trademarks are carried out in particular with theNational Institute of Industrial Property (INPI), a public body in France responsible for the registration and protection of industrial property titles.

Our intervention aims not only to protect the company's rights, but also to enable it to organize their ownership, exploitation and development.

Trademark and Counterfeiting Disputes

ARST Avocats has experience in trademark litigation and assists companies facing infringement of their distinctive signs.

We assist trademark owners facing the unauthorized reproduction, imitation, or use of their rights. We also represent companies accused of infringing prior rights or committing acts of counterfeiting.

Our intervention may include, in particular:

• trademark counterfeiting ;
• the unauthorized use of a trademark, business name, logo or other distinctive sign;
• conflicts between trademarks or with prior rights;
• actions for unfair or parasitic competition associated with an infringement of intellectual property rights;
• the procedures for opposition or invalidity;
• negotiating agreements to prevent or end a conflict.

Depending on the situation, we can intervene through a formal notice, amicable negotiation or legal proceedings aimed at stopping the infringement and, where appropriate, obtaining compensation for the damage suffered.

Copyright: Organizing and protecting creations

Copyright law directly affects many businesses, far beyond the sectors traditionally considered creative.

Graphic identity, photographs, texts, digital content, websites, advertising creations, software, business documents and other creations may raise questions relating to ownership, protection and exploitation of copyright.

ARST Avocats assists companies and creators inidentifying, protecting and organizing their copyrights.

The firm's services include, in particular:

• identify creations that may be protected by copyright;
• determine the ownership of the rights;
• organize relationships with authors, employees, service providers, agencies and independent creators;
• drafting and negotiating copyright assignment contracts ;
• drafting license and operating authorization contracts;
• to precisely determine the rights transferred, their duration, their territory and the authorized modes of exploitation;
• secure the company's use of content and creations belonging to third parties.

The contractual organization of copyright makes it possible, in particular, to ensure that the company actually has the rights necessary to exploit the creations used in the context of its activity.

Copyright litigation and defense

ARST Avocats also intervenes when the use or appropriation of a creation gives rise to a dispute.

We can assist the rights holder facing the unauthorized reproduction or exploitation of their work, but also defend a company that is the subject of a copyright claim or action.

The firm's intervention can range from preliminary analysis of rights and sending a formal notice to negotiating an agreement or representing the client in legal proceedings.

Intellectual property, franchising and distribution networks

property is at the heart of the organization of franchise and distribution networks. The development of a network requires that the rights used by its members be identified and protected beforehand and that their conditions of use be precisely organized.

This issue lies at the intersection of two important activities of the firm: intellectual property law and franchise and distribution law.

ARST Avocats assists franchisors, network heads, distributors and companies in the legal organization of their intellectual property assets.

Our services include, in particular:

• protect the trademarks, brands, logos and distinctive signs used by the network;
• identify and organize the rights relating to creations and content protected by copyright;
• organize the holding of intellectual property rights necessary for the operation of the network;
• drafting trademark license agreements ;
• drafting the intellectual property clauses for franchise and distribution contracts ;
• to organize the rights of use, reproduction and adaptation of the content, media, graphic elements and other creations of the network;
• to contractually protect the know-how and characteristic elements of the concept;
• to regulate the use of intellectual property rights by franchisees, distributors, licensees and partners;
• organize the cessation of the use of trademarks, content and other rights upon termination of the contract;
• to intervene in the event of unauthorized use of network assets by a franchisee, distributor or former partner.

This approach allows us to conceive of intellectual property as one of the instruments for structuring, securing and enhancing the value of a franchise or distribution network.

Contracts and the Valuation of Intellectual Property Rights

Protecting an intellectual property right is not enough: it is also necessary to legally organize its exploitation.

ARST Avocats drafts and negotiates the main intellectual property contracts enabling companies to exploit or make available their trademarks and creations.

The firm specializes in trademark licenses, trademark assignments, copyright assignments, operating licenses and intellectual property clauses included in commercial contracts.

In particular, we take care to precisely define the nature of the rights granted, their scope, their duration, their territory, the conditions of their exploitation as well as the consequences of the termination of the contractual relationship.

This contractual practice is directly associated with our activity in commercial contract law.

Expertise in intellectual property integrated with business law

Intellectual property issues are rarely isolated.

A brand can be central to a franchise or distribution agreement. A creation may have been produced by an employee, an agency, or a service provider. A license can be a key element of a business transaction. Infringement of a trademark or copyright can constitute acts of unfair competition.

Our practice thus allows us to combine, according to the needs of the case, our skills in intellectual property, contract law, franchising and distribution, corporate law and business litigation.

As anintellectual property lawyer, ARST Avocats thus supports its clients in a global approach: protecting their assets, organizing their exploitation and defending their rights.