Intellectual property protection

Under Article L.511-1 of the French Intellectual Property Code: "The appearance of a product, or part of a product, characterized in particular by its lines, contours, colors, shape, texture, or materials may be protected as a design or model. These characteristics may be those of the product itself or of its ornamentation." 

A 'product' refers to any industrial or handcrafted item, including parts designed for assembly into a complex product, packaging, presentations, graphic symbols, and typographic typefaces. However, it excludes computer programs. 

The design or model must be new and have individual character. 

With regard to novelty, the design or model must not be identical or nearly identical to a design or model disclosed previously. Individual character refers to the author's creative effort. The design or model must not create an overall impression of déjà vu when compared with a previously disclosed design or model. 

A design or model may be filed within 12 months of its first disclosure. 

Protection for a design or model lasts for five years and may be renewed for successive five-year periods, up to a maximum duration of 25 years. 

At the time of filing, it is possible to opt for direct 10-year protection by paying an additional fee. 

Article L.711-1 of the French Intellectual Property Code provides the following definition: "A trademark for goods or services is a sign used to distinguish the goods or services of a natural or legal person from those of other natural or legal persons. This sign must be capable of being represented in the national trademark register in a manner that allows any person to determine precisely and clearly the subject matter of the protection granted to its owner." 

A trademark is used to distinguish an organization's goods and/or services from identical or similar goods and/or services provided by a third party. 

It serves as a means of recognition for and by consumers. 

To be valid, a trademark must meet four criteria: lawfulness, non-deceptiveness, distinctiveness and availability. 

A prior-art or trademark clearance search is essential. Conduct a prior-rights search using the databases of INPI or the World Intellectual Property Organization (WIPO).

Trademark protection lasts for 10 years and may be renewed indefinitely, provided that the required formalities are completed with the offices in the countries where protection is sought. 

The rights conferred by a trademark include the exclusive right to use the mark and the right to prohibit the reproduction of the mark.