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Arbitration and Mediation
Shedding light on procedures for alternative dispute resolution
Nicolas DEMILLY, IP Lawyer, Cabinet REGIMBEAU
An ounce of prevention is worth a pound of cure! This proverb, commonly used in medicine, would also be worth applying in the field of Intellectual Property.
Published on: 29 Jan 2009 -289 KB
Patents
Enantiomers – Revocation of a patent on enantiomer (-) for lack of enablement
By Francis Ahner, Partner and Anne Boutaric, European and French Patent Attorney
Recently, the validity of a patent claiming an enantiomer of a known racemic compound was discussed for the first time before the Paris Court (Tribunal de Grande Instance – 1st instance; decision issued on October 6th, 2009).
Published on: 22 Oct 2009 -834 KB
Wine and Spirits
Trademarks & Wines: Are your expectations clear?
By Chloé BRAYNE, IP Lawyer, Contract Department, Cabinet REGIMBEAU
The wine industry is one which is particularly complex, given that the exploitant of a trademark is not necessarily the owner of this right, but may be a wine cooperative or even a wine wholesaler.
Published on: 15 Nov 2011 -358 KB
Arbitration and Mediation
Arbitration, an alternative way to settle disputes
By Nicolas Demilly, European and French Trademark Attorney
Largely covered by the media in recent times in the commercial field, arbitration has also a very important place in the settlement of intellectual property disputes.
Published on: 13 Oct 2009 -293 KB
Arbitration and Mediation
Mediation A promising Land
By Nicolas DEMILLY, French Trademark Attorney, Cabinet REGIMBEAU
Procedures for alternative dispute resolution have been generally described in our last Newsletter, and we would like to focus today on one of them: MEDIATION, whose mechanisms and advantages remain highly unknown.
Published on: 28 May 2009 -301 KB
Domain Name
The liability of advertisement sites and commercial link suppliers, Google AdWords system and negative keywords...
By Esther DUPAIN, French Trademark Attorney and Jean PEREIRA, Lawyer
Internet is sometimes the "bête noire" of intellectual property right holders who see it as a lawless area and are concerned by the globalisation of infringement requiring an exponential budget for very few results.
Published on: 28 Aug 2009 -344 KB
Counterfeiting
What's New with Anti-infringement Fight ?
By Esther DUPAIN, French Trademark Attorney, Cabinet REGIMBEAU
As we all know, infringement is a threat to health and safety, employment, competitiveness, trade and investments in research and innovation. We also know that infringement is rapidly growing.
Published on: 14 May 2009 -313 KB
Counterfeiting
Measures to combat counterfeiting and cyber counterfeiting / An agreement is on the way, but keep it under your hat!
By Esther DUPAIN, Trademark Attorney and Evelyne ROUX, Head of the Legal Department
The draft agreement was first proposed by the United States in 2008, since when it has been kept under wraps, and it is only due to a few leaks that we are able to give a rough outline of its provisions today.
Published on: 08 Feb 2010 -313 KB
Patents
The European Patent is doing well… and the draft of the “Unitary” Patent is going forward…
By Frédérique FAIVRE PETIT, Partner, European and French Patent Attorney - Cabinet REGIMBEAU
In 2010, the number of European patent applications reached the highest level in the Office’s 34 year history, with some 235 000 filings representing an 11% increase on patent applications filed in 2009.
Published on: 27 April 2011 -273 KB
Copyright
Hadopi: have you taken steps to protect yourself ?
By Jean-Charles NICOLLET, Intellectual Property Lawyer - Cabinet REGIMBEAU
The High Authority for the Broadcasting of Works and the Protection of Rights on the Internet (HADOPI) was created on 31 December 2009 in order to ensure that the main principles of copyright law are observed on the internet...
Published on: 25 Nov 2010 -292 KB
Trademark
French, Community Trademarks and Overseas France
By Jean-Charles NICOLLET, IP Lawyer
France has a number of overseas islands and territories. These are the Overseas Departments and Territories (DROM) and the Overseas Collectivities (COM).
Published on: 06 Feb 2012 -485 KB
Wine and Spirits
Trademarks & Wines : French wines exports are booming : are your wines adequately protected ?
By Jean-Charles NICOLLET, IP Lawyer and Evelyne ROUX, Partner, Head of Trademarks & Designs Department
French wine is part of our heritage and is a reliable export asset for our country.
Published on: 08 Nov 2011 -599 KB
Design
Designs / 3D Trademarks: Friends or Foes ?
By Malaurie Pantalacci, French and European Trademark Attorney
Therefore it seems that both a design and a 3D trademark are suitable to protect the shape of a product. Does this imply they are competitors, or that either one or the other should be selected, or on the contrary that they can be complementary...
Published on: 17 Nov 2009 -314 KB
Contracts
Non-Disclosure Agreement
By Isabelle Pinaud, European and French Trademark Attorney
Non-disclosure agreements (NDAs) are recognized as being the most widely used type of agreement in the world of research and industry.
Published on: 10 Sept 2009 -282 KB
Contracts
Jointly-owned patents – Part 1: the rules of the Intellectual Property Code
By Isabelle Pinaud, European and French Trademark Attorney - Cabinet REGIMBEAU
A growing number of patents are now filed as joint property. These jointly-owned patents often result from research programmes carried out jointly by partners from very different backgrounds
Published on: 23 March 2010 -286 KB
Contracts
The language for drafting contracts: Shakespeare Vs Molière
By Isabelle Pinaud, French and European Trademark Attorney - Cabinet REGIMBEAU
Why do some French-speaking co-contracting parties happen to decide to draft their contracts in English while choosing the jurisdiction of French national courts?
Published on: 10 Sept 2009 -287 KB
Trademark
The securitization of Trade Marks
By Evelyne Roux, Head of the Legal Department and Camille Dupuch, IP Lawyer
The securitization of non-physical assets is an idea that is very much in vogue these days, particularly in the United States and in the United Kingdom, where it has already taken place several times. 
Published on: 01 Jul 2009 -289 KB
Trademark
Dilution of Trade Marks
By Evelyne ROUX, Head of the Legal Department and Julien-Alexandre DUBOIS, IP Lawyer
Behind the sinister term “dilution”, borrowed from chemists’ terminology, lurks a legal reality which, although little known to the public, is actually an everyday occurrence affecting a large number of commercial trademarks.
Published on: 04 April 2010 -297 KB
Patents
Patent : Choosing the Country of first filing – Obligations of a French Resident Applicant
By Franck TETAZ, Partner, Cabinet REGIMBEAU
The choice of the « country » for filing depends both on geographical and national limitations and on strategic and financial approaches.
Published on: 01 March 2010 -268 KB
Copyright, Design
Protection of shapes: Patents? Designs and copyright? Trademarks?
By Aymeric Vienne, European and French Patent Attorney and Evelyne Roux, Partner - Cabinet REGIMBAU
While it is true that the law of designs naturally springs to mind where protection of the shape of a product is concerned, is it possible to protect the shape of your products using patent or trademark law?
Published on: 19 May 2010 -350 KB
Recordal
Think of recording your assigments, licenses, changes of name, address, etc. !
By Blandine Bonnet, Intellectual Property Lawyer
Now most of the time, the right holders fail to update the situations relating to their rights, and find themselves helpless when they contemplate assigning or licensing them, or even suing for infringement and/or for unfair competition...
Published on: 29 Oct 2009 -323 KB
Patents
The securitization of an intellectual property right
By Camille DUPUCHE, IP Lawyer
The securitization of non-physical assets is an idea that is very much in vogue these days, particularly in the United States and in the United Kingdom, where it has already taken place several times.
Published on: 01 Jul 2009 -324 KB
Design
Filing Designs
By Jean Pereira, Intellectual Property Lawyer
Major issues for design protection include encouraging, developing, and making design works profitable.
Published on: 01 Oct 2009 -294 KB
Trademark
Three-dimensional trademark against design? Who wins?
ByAymeric VIENNE, Senior Counsel, European and French Patent and Trademark Attorney, Cabinet REGIMBEAU
It could be advantageous to combine the protections, and to protect one’s creations by means of a three-dimensional trademark as well.
Published on: 18 March 2011 -349 KB