These are legal proceedings relating to intellectual property rights. A distinction is made between actions relating to the validity of industrial property rights, namely:

• The action for annulment
• The action for cancellation

And actions related to the defense of intellectual property rights:

• Unfair competition proceedings
• The action for infringement.

The action for annulment

This type of action, which is very common, consists in requiring the outright cancellation of intellectual property rights of a third party. It may intervene either on first application or as a counterclaim.
The basis for the action for a declaration of invalidity varies according to the intellectual property right concerned : it is possible to invoke, for example, the lack of novelty in patent matters, the lack of distinctiveness in trademark matters, the lack of character of its own in terms of drawings and models, etc.
Our patent, brand and model advice are able to support you strategically throughout this type of procedure.

The action for cancellation

Trademark cancellation action is interesting for an economic operator who wants to launch a new brand, but finds that a similar trademark has been filed by a third party more than 5 years ago to designate goods or services similar to those it wishes to operate and is not used.

Indeed, this action allows it to legally secure its project by ensuring that the filing of the earlier trademark cannot be opposed to it later, particularly in the context of a trademark

infringement action

Indeed, the action in unfair competition makes it possible to condemn the merchant who inflicts on his colleagues competition contrary to the morality of business and thus causes a «commercial disturbance».

The special morality of business is the sum of legal constraints and commercial practices sanctioned by law. In other words, illegal competition is itself unfair.
It follows from all the above observations that the loyalty taken into account is no longer the loyalty of the competitor, but rather a loyalty in competition, constituting an objective approach for establishing standards of behaviour.

Finally, unfair competition indirectly protects, even if this is not its main objective, the interests of consumers, while ensuring a certain regulation of markets by preventing and repressing competitive damages, including both disturbances to economic agents and damage to competition.

Contact us to find out if a behaviour you are experiencing or about to engage in is considered unfair competition.

The action for infringement

Our experts accompany you in infringement proceedings before the courts, in collaboration with specialized lawyers, whether you are counterfeit or accused of counterfeiting.

If you have identified a violation of one or more of your intellectual property rights, several degrees of action are possible. First, and after the first rights checks, it is possible to contact the opposing party through a letter of formal notice. Indeed, she may not be informed of your rights and this first contact is often fruitful.

An infringement action must be brought before the competent court, with proof of the infringement of your rights (for example, a counterfeit seizure or a declaration of purchase).
The court may impose civil and/or criminal sanctions, such as the payment of damages or the destruction of products, or even imprisonment.

Such action entails certain costs as well as time-limits to be taken into account, so that negotiations can always resume during the proceedings.
Engaging in an infringement action requires a perfect mastery of the principle of intellectual property law. It is thus preferable to have you assisted by an industrial property consulting firm.