Historically proven expertise
Our Intellectual Property Law Department enjoys a very strong reputation and boasts excellent knowledge of this field.
NFALAW's clients are offered a complete cross-disciplinary service for the protection of intellectual property rights, from their constitution to their contractual or legal enforcement.
Literary and Artistic Property
Advice:
Media Law (press, television, radio, publishing)
- Drafting of various agreements related to media production and coproduction (authors, director, presenter contracts, ...), purchase of broadcasting rights, protection of television show formats, identification of copyrightable elements of television concepts
- Drafting of all contracts related to the exploitation of copyrighted works
- Drafting of all types of agreements related to usage of image rights in audiovisual or literary works, or in the press
- Statutes and liabilities of the various actors in the media field (managing editors, journalists, freelance, authors, etc...)
- Drafting employment contracts for journalists, specifically focusing on assignment of rights
Fashion, Design
- Advice on implementing internal procedures for the protection of works within a company (assignment of rights, non-disclosure agreements, affidavits and bailiff reports, design filings...),
- Drafting of various employment agreements and independent contractor services agreements, pertaining to the usage of the work they produce.
Art market
- Defending patrimonial and moral rights of artists in relation to their works (photographs, Sculpture, paintings, etc...)
- Drafting documents on the exploitation of works of art,
- Liability of auction houses.
Advertising
- Compliance auditing regarding advertising, communication and promotions (in particular, with regard to consumer law, regulations on lotteries and competitions, legislation on alcoholic drinks and brand rights, copyright and image rights)
- Drafting and negotiating of contracts for advertising and sponsorship.
Litigation:
- Assistance in counterfeit cases and customs seizures, and in drawing up a bailiff report before initiating proceedings.
- Assistance in all civil, commercial or criminal jurisdictions for litigation related to press, media and communication (libel and slander, insult, statutory right of reply, violation of privacy and image rights, violation of authors moral rights, copyright infringement, unfair competition...).
- Assistance in all civil, commercial or criminal jurisdictions for the defense or protection of works of art, literature, video or any other creation of any economic value created by a business.
- Assistance in all civil, commercial or criminal jurisdictions for all litigation relating to advertising.
Industrial Property
Advice
Management of brand portfolios (brands, designs, domain names):
- Audit
- Defining strategy to allow the company or person to maximize the value of, protect, maintain and develop their industrial property rights. Monitoring including customs monitoring.
All operations relating to obtaining and preserving Industrial Property rights in the field of trademarks, designs and models, official quality marks (PGI, PDO, GIIHP, ...), territorial collectivity names and domain names:
- Prior rights search
- Check on the validity and availability of signs and designs to be filed
- Filing of trademarks, designs, patents, domain names applications
- Right renewal
- Registration of changes in Industrial property rights
- Drafting of Industrial property rights assignment agreements
- Drafting of knowledge transfer agreements
Administrative Litigation
Intervention and assistance in administrative proceedings, worldwide, in relation to the defense and protection of Industrial Property Rights (trademarks, designs, patents and domain names):
- opposition to new trademarks infringing prior rights before the French IPO (INPI), EUIP, GCEU, the EUCJ or in proceedings before foreign registrars
- Domain Name Dispute Resolution (Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings, alternative dispute resolutions (ADR), and Syreli, etc
Judicial Litigation
Defense and protection of Industrial Property Rights, from pre-litigation phase, to full-fledged litigation in any civil, commercial or criminal courts. Assistance/coordination and/or involvement in:
- Seizure of infringing products prior to infringement proceedings (saisie contrefaçon), Customs seizure,
- Affidavit made by bailiff, or specialized agency proving the infringement of Industrial Property Rights
- Counterfeit proceedings
- Unfair competition proceedings
- Defense of controlled designation of origin (A.O.C. Appellation d'Origine Contrôlée), indication of origin, and any official quality mark
Computing and New Technologies
Advice:
Contracts, IT projects and e-commerce:
- Drafting contracts developing specific software
- Drafting contracts creating websites and online shopping sites
- Drafting software licenses
- Drafting various contracts for computer services (hosting, maintenance, integration)
- Drafting of conditions of use, terms and conditions etc.
- Outsourcing
- Implementation of an ERP,
- Databases,
- Processing of personal data (relations with the CNIL, data transfer, etc.),
- Multimedia works, online games.
Litigation:
- Assistance in all civil, commercial or criminal courts concerning the status and liability of technical intermediaries (ISPs, hosts, publishers of online communication services)
- Assistance in seizure proceedings and in establishing a bailiff report prior to the start of proceedings
- Assistance in any civil, commercial or criminal jurisdictions regarding the defense and protection of databases, multimedia works, and more generally any type of creation or economic value generated by a company (infringement action, unfair competition...).