Fairfield, Victoria2 IPR lawyer near you

In France, the profession of lawyer is a regulated profession. Student lawyers must have a certificate of aptitude for the legal profession (CAPA), take an oath before the Court of Appeal and then register with a bar association. Intellectual property is one of the 26 specialisations for which a lawyer can apply. A general lawyer can also accompany a client in a case concerning intellectual property and plead before the administrative court or the judicial court.

In France, in order to protect a creation and obtain a patent, it is necessary to approach the Industrial Property Office (INPI). This procedure concerns trademarks, technical and aesthetic creations, but not intellectual works, software, plant varieties, which are subject to copyright or to obtaining a certificate. An intellectual property lawyer is able to advise his client on the best form of protection and can accompany him in all his steps. He is also familiar with the case law. He is able to optimise the exploitation of rights, can negotiate a transfer or assignment of rights and drafts trademark licence agreements. If a dispute arises, he defends his client before the competent courts. Concerning intellectual works, an intellectual property lawyer in Fairfield can intervene in cases related to copyright, whether it is the moral right (authorship of the work) or the economic right (monopoly of economic exploitation), but also to neighbouring rights (translation, adaptation, interpretation...) If the moral right ensures a perpetual protection, the economic right has a time limit: 70 years after the death of the creator and 50 years for posthumous works. Once this period has passed, the works fall into the public domain.
Some clients need legal advice or guidance on issues relating to international law. It is not uncommon to want to export an industrial creation. For example, the Patent Cooperation Treaty (PCT) and the European Patent Office (EPO) govern the conditions for exploiting an invention outside French territory.

While a work of the mind is automatically protected when it is created (moral rights), industrial creations require a registration with the INPI. Once the procedure has been carried out, disputes may arise and action must be taken. One of the most common cases is counterfeiting. This is the imitation of a product or work without the authorisation to use it. This offence exposes the perpetrator to a very heavy fine and in some cases to a prison sentence. Also, with the democratisation of information on the internet, it is not uncommon to find extracts of literary works or photographs online without authorisation or even citation of the author. Calling on a lawyer in intellectual property law allows you to avoid the jungle of forms and to be assured of the proper protection of your creation. Moreover, in the event of a dispute, a lawyer will always be able to find solutions to assert his client's rights.

In the collective imagination, a lawyer is involved in a lawsuit. However, in the majority of cases, disputes are settled out of court through mediation. The primary role of a lawyer is to provide legal advice. It is difficult for a neophyte to master all the points of law and all the branches of law, that is why lawyers are there. The intellectual property lawyer can therefore intervene before a patent or trademark is filed, even before a legal structure is created. Otherwise, he can deal with cases of unfair competition, parasitism and all infringements of the exploitation rights of a creation or the economic rights of a work of the mind. If the first instance procedure fails, the lawyer's role is to inform his client of the possible remedies (Court of Appeal, Court of Cassation) and to accompany him in these steps.

The fees charged by a lawyer depend on the nature of the case, the geographical location of the firm and its reputation. A simple written consultation costs less than a hundred euros. For a patent or trademark application, the fee depends on the scope of the project, but as a guide, in Fairfield, it is estimated to cost between €150 and €250 per hour. These estimates do not take into account ancillary costs such as registration fees or filing fees for which a lawyer may require retainers. Some professional insurances include in their guarantees a legal protection which reimburses a part of the legal costs incurred. Also, for private individuals, there is legal aid, which below a certain income ceiling can cover part or all of the costs of a procedure. In any case, during the first meeting, a fee agreement is signed between the lawyer and the client in order to avoid any unpleasant surprises with regard to invoicing.

Can the lawyer do a trademark search before filing with the INPI?
What are the different ways of ensuring the authorship of a literary work?
What documents does the lawyer need to carry out the case? Has the lawyer dealt with similar cases in his career?