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Intellectual property attorney

Definition : Intellectual property attorney

The attorney specialised in intellectual property is an attorney whose activity is devoted to the protection, exploitation and defence of creations and distinctive signs. The field covers industrial property, that is, patents, trade marks and designs, and literary and artistic property, including copyright and software. The specialisation mention is awarded under the conditions set by the French National Bar Council.

Litigation work

First, the intellectual property attorney conducts infringement and nullity actions before the Paris Judicial Court, which has exclusive jurisdiction in France for patents, and before the Court of Appeal. Second, the attorney prepares and carries out saisies-contrefaçon, provisional measures and summary proceedings. Third, the attorney appears before the Unified Patent Court, where European attorneys are admitted as of right, and coordinates parallel proceedings before the European Patent Office and foreign courts.

Advisory work

Advisory work covers protection strategy, the drafting of licence, assignment and research and development contracts, the securing of relations with employee inventors and the protection of trade secrets. The attorney also acts in intellectual property audits in merger and acquisition transactions and in the negotiation of licences over standard essential patents.

Attorney and industrial property counsel

The attorney specialised in intellectual property differs from the industrial property counsel, who drafts and files the titles but does not plead before the judicial courts. The two professions work closely together. The rules of the attorney’s profession are available on the website of the French National Bar Council. In practice, the choice of an intellectual property attorney rests on litigation experience in the field concerned and on technical command of the sector. Dhenne Avocats concentrates its activity on patent and intellectual property litigation, presented on the page intellectual property attorney.



This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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Marketing authorizations can give rise to various legal problems, including:

1. Responsabilité civile

If a product approved under a marketing authorisation causes harm to a patient, the manufacturers may be held liable for that harm. Victims may bring proceedings to obtain compensation, which can entail substantial financial cost for manufacturers.

2. Propriété intellectuelle

Products that obtain a marketing authorisation may be protected by patents, trade marks or other forms of intellectual property. Patent issues can be particularly complex for pharmaceutical products, since several patents may cover different aspects of the same product.

3. Concurrence

marketing authorisations may affect competition in the market, since they allow manufacturers to market exclusive products for a given period. Regulators must ensure that marketing authorisations do not impede competition in the market.

4. Confidentialité

Manufacturers must supply confidential data in order to obtain a marketing authorisation, and regulators must maintain the confidentiality of that data. Legal difficulties may arise if it is disclosed or used improperly.

5. Conformité réglementaire

Manufacturers must comply with the applicable regulations in order to obtain a marketing authorisation. Regulators may bring proceedings against manufacturers that fail to comply.

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