Intellectual property

Intellectual property refers to the set of exclusive rights granted over creations of the mind: inventions, works, designs, distinctive signs, software, databases, plant varieties. It confers on its holder a temporary monopoly of exploitation, in return for the disclosure of the creation or the investment made. In France, intellectual property is governed by the Intellectual Property Code, available on Légifrance.

The two branches of intellectual property

First, industrial property, which brings together patents, utility certificates, supplementary protection certificates, trade marks, designs, geographical indications and plant varieties. These rights arise in principle from a filing and a registration. Second, literary and artistic property, which comprises copyright, related rights and the right of database producers. These rights arise without formality, from the mere fact of creation. Trade secrets, governed by the Commercial Code, complete the system without constituting an intellectual property right in the strict sense.

European and international sources

The field is largely harmonised. The Paris Convention of 1883 and the Berne Convention of 1886, administered by WIPO, lay down the founding principles. The TRIPS Agreement sets minimum standards of protection and enforcement within the World Trade Organization. The European Union has created unitary titles, such as the European Union trade mark, the Community design and the unitary patent, and has harmonised enforcement procedures through the directive on the enforcement of intellectual property rights.

The role of the intellectual property attorney

Intellectual property is practised in advisory work and in litigation. Advisory work covers protection strategy, licence and assignment contracts, audits and valorisation. Litigation covers infringement, invalidity and entitlement actions, saisies-contrefaçon and provisional measures, before the French courts and the Unified Patent Court. In practice, Dhenne Avocats concentrates its activity on patent and intellectual property litigation, as presented on the page intellectual property attorney.