Intellectual Property
The size of this department demonstrates the role of intellectual property in the modern economy: vital. Innovation, investment, the new distribution channels and the globalisation of exchanges have in fact put intellectual property at the heart of the business world.
Knowledge and information are more and more often the small “pluses” that make the difference. It is therefore essential to guarantee them effective and strategic protection.
In the consultation phase, intellectual property becomes thus a stakeholder in the company’s strategic plan; in the contentious phase the defence of intellectual property comes down to protecting the company’s assets.
Diversified intellectual property
Trademarks, patents, copyright, designs and models, commercial secrets, plant production rights, designations of origin, computer programs, databases and geographical indications are many of the means for protection of know how to be handled and used wisely.
The department is involved in many missions that are necessarily varied due to the many sectors this matter concerns.
The digital revolution
The digital era is creating a growing complexification of these intellectual property issues. What is the status of video games? How can you protect a website? How can you protect a trademark or cite copyright on the web? What domain name policy should be adopted (should you simply register your trademark as domain name?) How can you grant a licence over a software application, how can you protect this software…? So many questions asked by net practitioners, and to which the department offers a multidisciplinary, personalised approach and an adapted and revitalised expertise.
This department naturally works in close collaboration with the other departments. More particularly, the shared work with the department devoted to new technologies has enabled the development of a specific expertise with regard to intellectual property applied to new media. Also, collaboration with the department specialised in Media, Games and Entertainment enables convergence to be taken into account.
That said, the traditional issues of intellectual property are not in hibernation: audiovisual, music, the applied arts, advertising, the press and new media are at the heart of Ulys’ interests.
The writing and negotiation of contracts for exploitation of copyright, performing rights, designs and models, trademarks, legal action for counterfeiting, unfair competition and parasitism and issues of image rights and publicity rights are part of the daily life of the firm.
A practical “solution” oriented approach
Our first mission is the valuation of intellectual property rights. In this framework, the firm’s specialists, in communication with the client, ensure that they set up a personalised intellectual property strategy that is therefore adapted to their structure and their corporate purpose, in order to protect their intangible assets and make them profitable. This consultancy mission obviously works via the writing of detailed legal opinions, and by the preparation and audit of contracts linked to intellectual property.
This valuation mission continues into the contentious phase. Whether in direct contact with the other stakeholders or in support of the client’s negotiators, the department participates in the strategy for negotiation and writing of agreements and settlements.
In this respect, the firm can offer certain legal advice, strengthened by its many interventions with a view to defending the interests of its clients before the judicial or arbitration authorities or within the framework of mediation.
Lastly, the firm is often hired with a view to undertaking a mission for raising awareness in the political decision makers and public authorities, both in France and in Benelux. The Brussels team is furthermore developing contacts with the European authorities.
Niches in the niche
The firm has been able to forge quite a reputation in specific fields of intellectual property or directly linked to this matter, “niches in the niche”.
Thus:
- In the video games field, the firm is specialised in issues combining games law and intellectual property.
- In the advertising field, and particularly in Internet referencing, Ulys has dealt with many cases raising new questions related to intellectual property.
- With regard to private international intellectual property law, the firm has developed a real expertise.
- In the field of protection and valuation of IT creations and databases, the firm has worked on many issues of fundamental principles.
- With regard to domain names, hypertext links and metatags, the firm helps clients to design strategies of presence on the Internet. Several solicitors are arbitrators in procedures for arbitration of domain names or defend clients in arbitration.
Our clients have put their trust in us in these fields:
- Video games law
- Law of games of chance
- Copyright and performing rights
- Trademark law
- Patent law
- Law of designs and models
- Computer program law
- Database law
- Protection of know-how
- Plant production rights
- Biotechnology law
- Domain names, hypertext links and metatags
- Telecoms and electronic communications law
- Sports law
- Press and media
- Audiovisual law
- Cultural industry law
- Commercial practices, unfair competition and parasitism
- Consumer protection
- Industrial property
- Image and publicity rights
- Competition law
- Applicable law and competent jurisdiction (DIP)
- Employment law
- Community law
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