Intellectual Property Attorney / IP Attorney

Definition : Intellectual Property Attorney / IP Attorney

An IP Attorney (or “IPA”) is a specialist in a particular area of industrial property (either trademarks or patents). In the case of an IPA specializing in patent law, they often have a specialization in a particular technical field.

Their job is to draft and file intellectual property titles (trademarks or patents) and to ensure that these titles remain in force. They also analyze the validity of the titles in the light of the practices of the Offices and existing titles.

The CPI should not be confused with the lawyer specializing in intellectual property. Not only does the CPI not necessarily have legal training (although a CPI can be a lawyer), but he is not authorized to represent clients in court.

Intellectual property lawyers generally work in a variety of industry sectors (including technology, entertainment, fashion, pharmaceuticals, IT and many others).

The list of authorized industrial property attorneys is available on the INPI website. conseils en propriété industrielle with whom they work closely.

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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