Strategic Lawering Paris Lyon Bruxelles

Industrial Property / Literary and Artistic Property / Information and Communications Technologies (ICT) / Personality Rights

Given the large client base it serves (including businesses from the audiovisual, IT and industrial sectors), Soulier AARPI often provides legal assistance in connection with the preparation of contractual arrangements and in litigations in order to preserve and secure the rights and interests of its clients with respect to their intangible assets (e.g. patents, trademarks, designs and models, copyright and related rights, etc.).

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Our expertise covers the following areas:

Industrial Property

Industrial property law deals with the rules for protecting and securing the rights held in intangible assets by conferring on the owner of such rights, effective as from the preparation/completion of legal specific instruments/formalities (e.g. filing, registration, etc. ), a monopoly to exploit the title on such assets: patents, trademarks, designs and models, etc.

Industrial property titles, which aim at protecting a technical or commercial innovation through the grant of an exclusive right therein, lie at the heart of business life and constitute some of the most important and valuable assets for all types of economic operators.

In this context, our services are structured around two lines of action:

Legal advice

  • preparation and negotiation of licensing agreements, transfer agreements, co-ownership agreements and (trademark) co-existence agreements, confidentiality agreements, technology transfer agreements, cooperation agreements, know-how disclosure agreements, R&D agreements;
  • legal analysis in connection with inventions developed by employees/public agents, negotiation of additional compensation or fair price, interface with the Commission Nationale des Inventions de Salariés (French National Commission for Employees‘ Inventions or “CNIS”);
  • completion of intellectual property portfolio audits and contractual due diligence investigations in connection with merger, acquisition, sale and disposal transactions.

Litigation

  • assistance, defense and representation before the courts having jurisdiction to adjudicate industrial property disputes: Saisie-contrefaçon (i.e. search and seizure to document and establish infringements of IP rights), summary proceedings, infringement proceedings, invalidity proceedings, applications for revocation of IP rights, and patent, trademark, design or model ownership claims patent/trademark infringement cases and ownership claims;
  • Legal assistance and representation in appeals against decisions of the head of the Institut National de la Propriété Intellectuelle (French Patent, Trademark, Design & Model Office).

 

Literary and Artistic Property – Audiovisual Law

Intellectual property law comprises industrial property law on the one hand, and literary and artistic property law, i.e. copyright and related rights (rights of producers, rights of performers, rights of audiovisual communication companies) on the other hand.

Literary and artistic property law typically applies to “standard artworks” (musical works, literary works, etc.) and their environment. Yet, its scope has continued to expand and the IT and audiovisual sectors now lie at the heart of this law.

In this context, our services are structured around two lines of action:

Legal advice

  • preparation and negotiation of copyright transfer agreements, commission contracts, publishing contracts;
  • preparation and negotiation of audiovisual contracts: Production and coproduction contracts, contracts for the production, exploitation and promotion of TV shows and programs, services agreements (e.g. tours and shows), audiovisual adaptation contracts, artist work-for-hire agreements, patronage contracts, moderator contracts, broadcasting contracts, recording contracts, product placement contracts, sponsorship contracts, etc.;
  • legal advice and assistance in connection with internet-related agreements: Network contracts, brand deals, “top creator” agreements, partnership contracts and services agreements, talent agreements, strategic development agreements, talent production and promotional services agreements;
  • preparation and negotiation of copyrightable software transfer/licensing agreements and ancillary IT contracts;
  • legal advice and assistance with respect to employee creations.

Litigation

  • Assistance, defense and representation before the courts having jurisdiction to adjudicate literary and artistic law disputes: summary proceedings and infringement proceedings.

 

Information and Communications Technologies (ICT)

The law governing Information and Communications Technologies (ICT) encompasses all legal provisions that govern the processing, securing and transmission of information through IT equipment, the Internet and other telecommunications equipment.

This is a broad, complex and extensive area of law that covers a wide variety of issues, such as the preparation and negotiation of IT agreements, the illegal appropriation of domain names, the processing and protection of personal data, security breaches, etc.

In this context, our services include, but are not limited to:

  • preparation of IT agreements (e.g. software transfer agreements, license agreements for the use/exploitation of software/software packages/domain names, maintenance service contracts, software and app development contracts, etc.);
  • legal analysis in connection with the protection of personal data and the Commission Nationale de l’Informatique et des Libertés (French Patent, Trademark, Design & Model Office);
  • legal assistance in the design and implementation of optimized contractual arrangements in compliance with French/EU law applicable to the processing and protection of personal data;
  • establishment of privacy policies in compliance with the French/EU law applicable to the processing and protection of personal data;
  • legal assistance and advice in relation to e-commerce: Legal compliance of e-commerce web sites, drafting of general terms of sale, general terms of use and mandatory legal information
  • legal assistance and representation in connection with the liability of Internet players: Publishers, Hosting Services Providers, Internet Services Providers, search engines, social media.

 

Personality rights

Often said to be “in the neighborhood” of copyright, personality rights include all the rights designed to protect the image of a person, i.e. his/her image itself (photography) but also his/her moving image, likeness, name, voice, signature, sports achievements, etc.

In this context, our expertise covers, in particular:

  • legal assistance and defense against violations of the personality rights of celebrities from sports, from the web, from the entertainment industry, etc. ;
  • legal assistance and advice in the preparation of contracts for the use of publicity rights: Individual image (personality) / collective image (sports teams) / associated image (image of the sportsman associated with the image, name, emblems and other distinctive signs of the employer);
  • legal assistance and counsel in the preparation of consents for photo and video shootings, etc.