Industrial property law

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Intellectual property protection solution

Industrial property refers to one of the two branches of intellectual property law. Its purpose is to protect inventions and industrial or commercial creations.

Industrial property definition: the issues

In France, industrial property represents a set of rights that guarantee their holders a monopoly of exploitation. These include technical inventions (patents), aesthetic creations (designs) and distinctive signs (trademarks and geographical indications).

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Patents for technical inventions

A patent protects a technical innovation. This right reconciles two interests:

  • The particular interest of the inventor by granting him an exclusive right to commercialize his invention, but for a limited period of 20 years.
  • The general interest by allowing disclosure of the invention, which will contribute to improving the technique.

To be protected by a patent, however, the invention must meet three conditions:

  • The invention must be new: It must not have been made available to the public prior to filing.
  • The invention must be industrially applicable: it must be capable of being manufactured or used.
  • The invention must result from an inventive step: It must not be obvious from the current state of the art.

Protecting aesthetic creations

Design protection protects the appearance of industrial products, not their functionality. Protection applies to a product as a whole, or to a part of it. For example, the design of a piece of furniture. It confers an exclusive right of use on French territory for a minimum period of 5 years, which can be extended in 5-year increments, up to a maximum period of 25 years.

Trademarks as distinctive signs

In industrial property law, a trademark is a distinctive sign that provides a monopoly for use on French territory for a period of 10 years, renewable indefinitely. Trademarks can be registered for words, names, slogans, numbers, letters, drawings, logos or sound signs, provided they can be represented graphically, such as a musical score.

Geographical indications are used by consumers to identify the origin and quality of products. It can be used by all producers whose products originate in the designated place.

Fidealis can help you protect your industrial property.

A pioneering solution in the protection of designs and collections, combining electronic signature technologies, timestamping and blockchain. Your creative work is instantly officially certified and archived.

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