Your company has invested in Research and Development for technologies, innovative products and services, and/ or in the creation of designs and corporate names contributing to its commercial success; these investments are protected by patents, trademarks, designs& models, domain names or copyright, and are strong intangible assets, part of the value of your business. You have noticed that one or more competitors are infringing on your intellectual property rights and thus unlawfully appropriating for themselves part of your markets or profits. It becomes necessary to impose your rights by one or more legal actions.
Patent or trademark litigation in France is very specific (notably the saisie-contrefaçon procedure) and requires experienced patent and trademark attorneys to be conducted with optimal results.
At the same time, legal action can prove to require a lot of time and money, especially in cases where the opponent has a strong defense.
IPSIDE AVOCAT assists you in all stages of preparation, planning and execution of your patent or trademark litigation in France in a cost optimization logic, including the organization of the evidence of the alleged acts:
- Pre-litigation procedures: the IPSIDE AVOCAT attorneys, with the support of patent engineers and legal specialists who already know your titles portfolios, help you gather evidence of counterfeiting (particularly with the saisie-contrefaçon, which allows a bailiff to go, on your request and assisted by a Patent attorney, to the premises of the presumed infringer and request documents or material samples to support the proof of infringement), explore the most relevant actions to stop the infringement to your rights, and to initiate transactional discussions in order to obtain, where possible, an amicable settlement:
- Organization of counterfeiting-seizure operations in France (saisie-contrefaçon)
- Organization of bailiff statements (purchase report, Internet report, etc.)
- Legal Consultations
- Negotiation of transactional agreements
- Full range of legal actions: IPSIDE AVOCAT represents your interests in front of French Courts, engages and manages the appropriate actions for defending your rights and intellectual property titles:
- Actions against infringement
- Actions for claims
- Actions for revocation and invalidity
- Actions in unfair and parasitic competition
- Actions in interlocutory (interim interdiction measures, requests for expert opinions)
- Actions in contractual or delictual liability
Surveillance and proactive detection of counterfeits : IPSIDE offers you surveillance services and continuous monitoring of your titles in order to prevent serious counterfeiting that could impact your financial results, and to minimize your litigation costs [see surveillance services].
Patent and trademark-oriented filing : to effectively protect your inventions and distinctive signs, on the one side, you must align your geographic coverage with your targeted markets and on the other side maximize the scope of your applicable claims or product categories while limiting the risk of future objections; finally, the drafting of your patents must be unambiguous to limit any chance of nullity action; this is why IPSIDE's patent engineers and legal specialists always prepare your files in order to optimize the defense of your rights in the event of litigation.
