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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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    23 March 2021
    The En­larged Board of the European Pat­ent Of­fice has giv­en a mo­ment­ous...
    The En­larged Board of the European Pat­ent Of­fice heard or­al ar­gu­ments in Ju­ly 2020 con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion.  This rare event was video streamed to over 1600 pat­ent stake­hold­ers...
    05 March 2021
    New EPO Guidelines on an­ti­body claims provide fur­ther clar­ity for ap­plic­ants
    In­tro­duc­tion The EPO has now pub­lished their re­vised Guidelines for Ex­am­in­a­tion 2021[1] which con­tain new sec­tions de­tail­ing EPO prac­tice in re­la­tion to an­ti­bod­ies for the first time, en­ter­ing in­to force...
    24 February 2021
    COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
    In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
    17 February 2021
    CMS Ex­pert Guide to com­puls­ory li­cens­ing
    In­tel­lec­tu­al prop­erty rights are crit­ic­al for any eco­nomy that wants to foster a cul­ture of in­nov­a­tion, risk tak­ing, and en­tre­pren­eur­ship. Par­tic­u­larly in a med­ic­al con­text, phar­ma­ceut­ic­al com­pan­ies...
    Comparable
    16 February 2021
    Fight­ing poor med­ic­a­tion ad­her­ence in the European Uni­on: The Grav­it­ate-Health...
    Nowadays, European cit­izens can ob­tain a great amount of in­form­a­tion (on­line and off­line) about any medi­cine. However, this in­form­a­tion is in many cases un­re­li­able and dif­fi­cult to un­der­stand, en­cour­aging...
    12 February 2021
    ‘It’s like milk but made for hu­mans’: Gen­er­al Court over­turns EUIPO’s re­fus­al...
    On 20 Janu­ary 2021, the Gen­er­al Court (“GC”) handed down its judg­ment in the ap­peal brought by Oatly AB (“Oatly”) against the de­cision of the EU In­tel­lec­tu­al Prop­erty Of­fice (“EUIPO”) to re­fuse...
    11 February 2021
    New EPO Guidelines now pub­lished re­gard­ing amend­ing the de­scrip­tion: what’s...
    In­tro­duc­tion In Oc­to­ber 2020, CMS pub­lished an art­icle ‘New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all the fuss about?’, which has been the cata­lyst for dis­cus­sion in the...
    15 December 2020
    Five years after Hua­wei ZTE FRAND li­cens­ing ob­lig­a­tions again be­fore the...
    On 26 Novem­ber 2020, the Düs­sel­dorf Re­gion­al Court an­nounced that it would sus­pend a pat­ent in­fringe­ment pro­ceed­ing and refer key ques­tions on com­puls­ory li­cens­ing of stand­ard es­sen­tial pat­ents (SEP)...
    01 December 2020
    EPO pri­or­ity claim en­ti­tle­ment – the “same ap­plic­ants” ap­proach up­held
    In a Press Com­mu­niqué dated 6 Novem­ber 2020, the EPO sum­mar­ises the Tech­nic­al Board of Ap­peal 3.3.08 writ­ten de­cision re­cently is­sued in case T 844/18 con­firm­ing the re­voc­a­tion of a pat­ent re­lated to...
    09 November 2020
    CJEU rules that small sales of high-priced lux­ury sports cars and re­place­ment...
    Back­ground Sev­er­al ques­tions were re­ferred fol­low­ing an ap­peal by the right­shold­er, Fer­rari, against the de­cision of the Ger­man court to or­der the re­voc­a­tion of two ‘TE­ST­AROSSA’ fig­ur­at­ive marks...
    29 October 2020
    EU Gen­er­al Court cla­ri­fies in­ter­pret­a­tion of “sat­is­fact­ory meth­od” in the...
    In the re­cent case of Me­dac Gesell­schaft für klin­is­che Spezi­al­prä­par­ate mbH v European Com­mis­sion, the EU Gen­er­al Court has an­nulled a de­cision of the European Com­mis­sion in which it held that the ap­plic­ant’s...
    28 October 2020
    New EPO Guidelines ex­pec­ted re­gard­ing amend­ing a de­scrip­tion: what’s all...
    Sum­mary The EPO re­quire­ment to amend the de­scrip­tion to con­form with al­lowed claims is chan­ging sig­ni­fic­antly. Ex­am­iners have already been giv­en in­tern­al guid­ance and re­vi­sions to the EPO Guidelines...