Patent/IP in France
France related forum posts
I have been asked through a colleague to run a bar for a private event at a chateau in France. It is a pay per drink bar, and I am trying to make sense of the legal requirements - any advice please
Total Posts: 1 Last post by PaulC
Hello partners i have private Investor in search for possible investment opportunities they are willing to invest in any part of the Middle East, GCC Gulf countries since there is evidence of a prominent economic boom in these areas most especially the Egypt,Kuwait,UAE,Bahrain and Europe.they are looking for a partner(s) with great financial and business oriented background which we can jointly wo
Total Posts: 1 Last post by aladjihassan
Intellectual Property in France
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Generally speaking, patents in France are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
Patent applications in France are filed with the Institut National de la Propriete Industrielle (INPI). Computer programmes and inventions without industrial application are not patentable. Nor are inventions that conflict with public order or morals. Even while a patent is pending, application fees are still payable, as well as search fees and annuities.
As registration is invariably a lengthy procedure. An inventor may, instead, favour applying for a certificate of usefulness, which is easier to acquire, although provides less protection: 6 years compared with 20. Patents may not be renewed.
Trademarks in France are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
In France, trademark that identifies a product or a service may be registered with either the INPI or the Commercial Court Registry. Fees are charged for application and renewal. Registration provides protection for 10 years and may be renewed.
Copyright in France gives someone the right to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
26 Bis Rue de Saint Petersbourg
Telephone: +33 171 087 163