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Intellectual Property

France

The law for a new Digital Republic, the creative freedom law, general data protection rules, the “trademark package”: the regulatory framework governing intellectual property law is changing at the national and EU level in line with new technologies and the extent of their impact on the issues in question. From contracts to patents via software and domain names, all aspects of this area are affected and this new legal environment requires greater expertise than ever, while the preservation and development of intellectual assets are taking on growing importance in a context determined by innovation. Whatever your business sector, it is vital to ensure that you own the technological and artistic works created by your employees and service providers, to guarantee their protection, to construct contractual exploitation frameworks that are secure from a legal and tax perspective and to adopt the means to tackle infringement and unfair and parasitic competition.

Our specialists benefit from significant experience in copyright, database law, advertising law, trademark law, designs, domain names and patents, as well as unfair and parasitic competition law. Our team of 10 lawyers is therefore able to offer you a comprehensive service, from auditing of your company's intellectual assets to assistance and representation in relation to disputes via the registration and monitoring of your trademarks, designs and models (identification and analysis of precedents, national, EU and international registration, opposition procedures) and negotiation and drafting of your licensing, sale or coexistence agreements. Given the complexity of cases that often go beyond the strict framework of intellectual property, our experts work in close collaboration with their specialist lawyers in other areas (tax, customs, competition, etc.) to guarantee you the most effective support in all circumstances.

To achieve efficiency by taking a comprehensive approach, our experts draw on the vast CMS network with 150 specialist lawyers to handle international or transnational cases.

"CMS advises several major French luxury brands as well as foreign customers. Led by Anne-Laure Villedieu, the team deals with trademark, design and copyright files. They act both in consulting and litigation". Legal 500 Paris 2017

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    Copyright

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    Designs

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    Domain names

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    Patent

    The team at CMS Francis Lefebvre Avocats can assist you with your patent law issues. 

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    Trademarks

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    CMS Ex­pert Guide to Post BEPS In­tel­lec­tu­al Prop­erty...
    03 Feb 20
    SkyKick: Good news for brand own­ers - the CJEU's rul­ing main­tains...
    Sum­mary The eagerly awaited judg­ment in the SkyKick case (C-371/18) was pub­lished on Wed­nes­day. The case relates to ques­tions re­ferred to the CJEU by the UK High Court in trade mark in­fringe­ment pro­ceed­ings...
    31 Jan 20
    UK In­tel­lec­tu­al Prop­erty Of­fice finds that pat­ent law does not cater...
    The UK In­tel­lec­tu­al Prop­erty Of­fice has found that DABUS is not a per­son and so can­not be con­sidered an in­vent­or of a pat­ent. DABUS is an ar­ti­fi­cial in­tel­li­gence (AI) ma­chine. The UKIPO ac­cep­ted the in­dic­a­tion...
    31 Jan 20
    A Short Guide: Pri­or­ity En­ti­tle­ment at the EPO
    Art­icle 87 EPC Pri­or­ity right (1) Any per­son who has duly filed, in or for (a) any State party to the Par­is Con­ven­tion for the Pro­tec­tion of In­dus­tri­al Prop­erty or (b) any Mem­ber of the World Trade Or­gan­iz­a­tion,...
    15 Jan 20
    Can newly dis­covered can­nabis com­pounds be pro­tec­ted by pat­ents?
    A break­through dis­cov­ery has re­cently hit the news: tet­rahy­drocan­nabi­phorol (THCP) and can­na­bid­i­phorol (CB­DP), two new can­nabin­oid com­pounds, have been dis­covered in Can­nabis sativa and char­ac­ter­ised...
    20 Dec 19
    ‘Dar­unavir’ CJEU re­fer­ral with­drawn - Art­icle 3(a) of the SPC Reg­u­la­tion
    At the end of Septem­ber, we re­por­ted here on the pub­lic­a­tion of AG Hogan’s Opin­ion on the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from...
    17 Dec 19
    The rise of pat­ent wars in Europe’s gene ther­apy space
    The gene ther­apy in­dustry is in an ex­cit­ing phase of growth, un­der­go­ing sig­ni­fic­ant M&A activ­ity, product sales and new mar­ket­ing au­thor­isa­tions that are be­ing is­sued with in­creas­ing reg­u­lar­ity glob­ally....
    21 Oct 19
    AG Opin­ion in SkyKick: Guid­ance on the re­quire­ment for clar­ity and...
    Sum­mary The eagerly awaited Ad­voc­ate Gen­er­al Opin­ion in the SkyKick case (C-317/18) was pub­lished last week. The Opin­ion from AG Tanchev relates to ques­tions re­ferred to the CJEU by the UK High Court...
    18 Oct 19
    Re­vised Rules of Pro­ced­ure of the European Pat­ent Of­fice Boards of...
    The Rules of Pro­ced­ure of the Boards of Ap­peal are the rules that gov­ern the way ap­peals are con­duc­ted at the European Pat­ent Of­fice (EPO). The EPO has re­cently ap­proved changes to these rules, which...
    13 Sep 19
    SPC Double Whammy - In­ter­pret­ing Art­icle 3(a) of the SPC Reg­u­la­tion
    Sum­mary At the end of June, the CJEU heard the joint re­fer­rals from the Ger­man Bundes­pat­ent­gericht (case C-650/17) for Mer­ck’s sitaglipt­in product and from the Eng­lish Court of Ap­peal for Searle’s...
    14 Jun 19
    The EUIPO de­liv­ers its ver­dict on the long­stand­ing dis­pute between...
    EUTM Can­cel­la­tion Ac­tion: (1) Pro­mote Ice­land, (2) The Iceland­ic Min­istry for For­eign Af­fairs and (3) SA – Busi­ness Ice­land v. Ice­land Foods Lim­ited. Back­ground Three Iceland­ic au­thor­it­ies (“Iceland­ic...
    30 May 19
    EPO's strict ap­proach to de­cid­ing if a com­pos­i­tion can be­ne­fit from...
    The EPO Tech­nic­al Board of Ap­peal (TBA) re­viewed the law around nov­elty of use, and de­term­ined that in the case of Car­di­oPoly­mer, Inc.'s European pat­ent ap­plic­a­tion (EP07837908.8), the claimed chem­ic­al...