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Specialized in Intellectual Property Law, CANDE-BLANCHARD-DUCAMP Law Firm guides and represents its clients in every civil and criminal legal action and/or administrative action (infringement-seizure operations, prohibitory injunctions, infringement proceedings, opposition, invalidity proceedings, etc.) before the French and the European Courts and offices.

 

TRADEMARKS

All businesses want to differentiate their products and services from their competitors. Trademark law is designed to meet this objective by granting a relative monopoly, limited to the products and services claimed in the registration formalities, over any mark (verbal, figurative, sound, etc.) likely to constitute, in the eyes of the public, an indication of commercial origin. A trademark is not a creative right but a right of occupancy, as the mark is not required to be new or original. CBD will assist you in selecting your trademarks, checking their availability and in all the administrative procedures (objection, application for revocation or declaration of invalidity, with the competent offices). Moreover, we possess recognized expertise in both civil and criminal trademark disputes, and are regularly referred to by leading lawyers in this field.

Also, we are the link between customs and right holders through customs surveillance and official detention proceedings.

DESIGN PROTECTION

Protecting the appearance of industrial or artisan products is a fundamental competitive issue for companies. The purpose of design protection law is to grant protection to this appearance, provided that it is not the result of exclusively functional imperatives. However, according to the 14th recital of EU Directive No. 98/71 of 13 October 1998, the “aesthetic quality” of the design does not count, meaning that the originality, a condition specific to copyright, is irrelevant here. The two essential criteria for admission to protection, either by registration or an unregistered community design, are novelty and the specific or individual character. CBD will advise you in your design defense strategies and represent you in all proceedings aimed at protecting your rights.

COPYRIGHT

The purpose of literary and artistic property law is to grant authors protection on their work, provided it is original, regardless of type of expression, merit or intended use. Such creations can therefore benefit from a monopoly, in principle for 70 years, irrespective of any registration formalities, as the work is protected in France since its creation. CBD possesses recognized expertise in author right law, particularly in defending works of applied art, such as fashion, leather goods and jewellery, etc. We regularly represent fashion houses, stylists and artistic designs directors before the Courts, in all kinds of disputes involving their creations (copyright infringement and unfair competition).

PATENTS

Under the French Intellectual Property Code, any invention may be protected, regardless of the technological sector, provided that it is novel, involves an inventive activity and is susceptible of industrial application. Patent law is therefore of major importance for companies, protecting their innovations against undue misuse by competitors and attacks against the monopoly conferred by the title, which constitute infringement. CBD intervenes at every stage of patent infringement dispute, usually in collaboration with Trademark attorney specialized in the technical sector in question, from organizing infringement-seizure operations up to obtaining the adequate judicial sanction. 

UNFAIR COMPETITION

Freedom of competition and industry governs competition between companies. However, this freedom has its limits, and unfair competitive practices may incur the civil liability of their authors.

CBD also has significant experience in unfair competition disputes and helps its clients in preventing and combating the risk of confusion between competing products or companies, or the risk of a competing or non-competing company riding on the coat-tails of another in order to benefit unduly from its investments, its reputation or that of its products.

CBD intervenes at every stage of an unfair competition dispute, from writing a formal letter of notice up to obtaining a judicial ruling from the Courts.

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