Exploitation
Obtaining an IP right is great.
To exploit that right is obviously even better, and should be the ultimate goal.Since a patent, a trademark or a design is a title of property that confers an exclusive right on its proprietor, it may be exploited in different ways:
• either by the proprietor exercising himself the exclusive right
• or by the proprietor granting operating licenses to a third party
• or by the proprietor selling his right
In addition, combinations of these various methods of exploitation are possible. You could, for example, assert your monopoly yourself in your traditional markets, grant licenses to third parties in other countries, and sell the right on yet other countries.
You could also apply for a license in a third-party patent, which is a way of gaining rapid access to new technologies, and possibly at lower cost.
There is a wide range of possible combinations and our experts are on hand to guide you and to advise you as to the best approach to adopt.
We are also in a position to draft and to negotiate contracts and can take responsibility for all the formalities involved in registering these contracts with the authorities, for instance with a view to rendering them enforceable against third parties.
Enforcement
The proprietor’s rights
A patent proprietor is entitled to prevent any third party from, in particular, manufacturing, selling or using a product covered by the patent and also from using a method covered by the patent.
It is useful to remember that the patent proprietor does not, however, necessarily have the right to exploit his own patent. Indeed, exploitation could be covered by third-party patents.
The owner of a trademark has the right to prevent any third party to use and/or register an identical or resembling trademark for identical or similar good and/or services.
Infringement proceedings
When potential infringement of one of your IP rights by a third party has been detected, we are able to assist you in an examination of the facts and to advise as to the strategy to adopt: a warning letter, a descriptive seizure, infringement proceedings, seizure with customs….
Likewise, if you yourself seem likely to commit an infringement, we can assist you in adopting the most appropriate defense strategy.
In particular, we have experience of involvement in IP litigation at national or international level.
Opposition/invalidity proceedings
Our firm has gained experience in opposition and appeal proceedings before the European Patent Office and the European Union Office for IP in prosecution and in defense. In invalidation proceedings before the national courts, we have close links and collaborate with attorneys at law who specialize in such areas.
Our patent and trademark attorneys also have experience in acting as court-appointed experts in descriptive seizure proceedings and in providing opinions as to the merits of a case.