Commercial law attorney

The attorney specialised in commercial law is an attorney whose activity is devoted to business law, commercial contracts, competition and disputes between companies. In France, the title of specialised attorney refers to a specialisation mention awarded under the conditions set by the French National Bar Council, after verification of continuous professional practice. That mention differs from the mere indication of a dominant field of activity.

The fields of intervention of the commercial law attorney

First, the drafting and negotiation of commercial contracts, such as distribution, agency, franchise or subcontracting agreements. Second, litigation before the commercial courts and the judicial courts, notably over the sudden termination of established business relationships, unfair competition and parasitism. Third, advisory work in company law and competition law. The applicable rules appear mainly in the Commercial Code, accessible on Légifrance.

Commercial law and intellectual property

The two fields constantly overlap. Licence and assignment contracts over patents, trade marks or software are commercial contracts subject to the rules of the law of obligations and of competition law. Infringement actions are frequently accompanied by a claim based on unfair competition. Trade secrets disputes mobilise both the Commercial Code and the procedural rules on confidentiality protection measures. The commercial law attorney and the intellectual property attorney therefore often act together.

Key points

In practice, the choice of counsel depends on the nature of the dispute. Where the main issue concerns a patent, a trade mark or software, the commercial law attorney acts in support of the intellectual property attorney. Dhenne Avocats handles the commercial dimensions of its intellectual property matters, in particular contracts and unfair competition disputes linked to protected creations.