NF&A : Nataf Fajgenbaum & associés / Home

Professional Corporation . 155, boulevard Haussmann . 75008 Paris
Téléphone : +33 (0)1 53 83 11 11 . Télécopie : +33 (0)1 53 83 11 00 . E-mail : office@nfalaw.com

Fabienne
Fajgenbaum



f.fajgenbaum@nfalaw.com
 

Industrial Property Rights Copyright Information Technology


Industrial Property Rights

Advice and Counseling:

Management of Industrial Property Rights portfolios (trademarks, designs, patents, domain names):

  • Performance of due diligence audits,
  • Definition and implementation of strategies aiming at maximizing the value of, protecting, maintaining and developing the Industrial Property Rights under portfolio management; monitoring of the portfolio, including customs related actions.

Registration and maintenance of Industrial Property Rights (trademarks, designs, patents, 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,
  • Renewal of rights,
  • Registration of changes in Industrial property rights,
  • Drafting of Industrial property rights assignment agreements,
  • Drafting of know-how transfer agreements.

Litigation:

Administrative proceedings:
Intervention and assistance in administrative proceedings, worldwide, in relation with the defense and protection of Industrial Property Rights (trademarks, designs, patents and domain names):

  • oppositions to the registration of trademarks infringing prior rights before the French IPO (l'Institut National de la Propriété Industrielle), the Office of Harmonization for the Internal Market (OHIM), the General court of the European Union (Formerly Court of First Instance), the European Court of Justice or in proceedings before foreign registrars,
  • Domain Name Dispute Resolution (Uniform Domain-Name Dispute Resolution Policy (UDRP) proceedings, alternative dispute resolutions (ADR).

Judicial courts:
Defense and protection of Industrial Property Rights, from pre-litigation phase, to full-fledged litigation before any civil, commercial and 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 in order to prove the infringement of Industrial Property Rights,
  • Infringement proceedings,
  • Unfair competition,
  • Defense of controlled designation of origin (A.O.C. Appellation d'Origine Contrôlée), indication of origin


Copyright

Advice and Counseling:

Media law (press, television, radio, publishing)

  • Drafting of various agreements related to audiovisual production and coproduction (contracts of authors, director, presenter, ...), broadcasting rights purchase, protection of television show formats, definition of copyrightable elements of television concepts,
  • Drafting of all types of agreements related to the exploitation of copyrighted works,
  • Drafting of all types of agreements related to the exploitation of image rights in audiovisual, literary works or in the press,
  • Status and liabilities of the various contributors, in the Media field (Managing editors, journalists, freelance, authors, etc...),
  • Drafting of Journalist employment agreements and more specifically, assignment of rights clauses.

Fashion, Design

  • Advice on the implementation of internal procedures for the protection of creations within the company (assignment of rights, non-disclosure agreements, affidavits and bailiff reports, design filings ...),
  • Drafting of various employment agreements and independent contractor services agreements, for the contributors of the exploited works.

Art Market

  • Defense of patrimonial and moral rights of artists in their works (photographs, Sculpture, paintings, etc...)
  • Drafting of documents concerning the exploitation of works of art,
  • Liability of auction houses.

Advertising

  • Validation of the operations of advertising, communication and promotion (in accordance with consumer law, regulations related to lotteries and sweepstakes, laws related to alcoholic beverages, trademarks, copyright and image rights),
  • Drafting and negotiating of contracts for advertising and sponsorship.

Litigation:

  • Intervention in the counterfeiting proceedings and customs seizures and in the establishment of bailiff’s reports prior to initiation of proceedings,
  • Intervention before any civil, commercial or criminal jurisdiction regarding Media, Communication and Press disputes (libel and slander, insult, statutory right of reply, violation of privacy and image rights, violation of authors moral rights, copyright infringement, unfair competition...),
  • Intervention before any civil, commercial or criminal jurisdictions for the defense and protection of works of art, literature, film, audiovisual and any creation or any economic value generated by a business,
  • Intervention before any civil, commercial or criminal jurisdictions regarding disputes in the field of advertising.

Information Technology

Advice and Counseling:

Contracts, computer projects and electronictrade:

  • Drafting of contracts for the development of specific software,
  • Drafting of contracts for the creation of websites and online shopping sites,
  • Drafting of software licenses,
  • Drafting of various contracts for computer services (hosting, maintenance, integration),
  • Drafting of conditions of use, sales terms and conditions etc.,
  • Outsourcing and IT facilities management agreements
  • ERP (Enterprise Resource Planning) setting up,
  • Database,
  • Personal data and privacy protection (interaction with the CNIL- French independent administrative authority protecting privacy and personal data, data transfer, etc.),
  • Multimedia works, online games.

Litigation:

  • Intervention before any civil, commercial or criminal jurisdictions regarding the status and liability of intermediaries service providers ( Access providers, host service providers, publishers of online communication services),
  • Intervention in seizure proceedings and in the establishment of the bailiff’s report prior to the start of proceedings,
  • Intervention before any civil, commercial or criminal jurisdictions regarding the defense and protection of databases, multimedia works, and more generally any type of creations and economic values generated by a company (infringement action, unfair competition...).
 
 
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