#Intellectual Property Lawyer in France

Intellectual property lawyer in Paris

For businesses and creators alike, intellectual property is one of the most sensitive assets to exploit and defend. Trademarks, patents, designs, copyright, know-how and databases drive competitiveness and the financial value of intangible assets. Our firm assists executives, companies, start-ups, creators and rights holders across the whole cycle: strategic advice, protection, commercial exploitation, litigation and infringement defence.

This page presents the four main intellectual property rights, strategies for auditing and structuring intangible assets, how we defend you against infringement, and current issues linked to artificial intelligence and digital technology. Every situation is different: statutes, recent case law and the practice of the IP offices (INPI, EUIPO, WIPO) guide our recommendations in light of the facts that concern you.

The four main intellectual property rights in France

French law, codified in the French Intellectual Property Code (in French) (Code de la propriété intellectuelle), organises the protection of creations in two complementary branches: industrial property (trademarks, patents, designs) and literary and artistic property (copyright and related rights). Each of these rights follows its own rules on creation, scope and duration.

Trademark law: registering a trademark in France

A trademark is a sign used to distinguish the goods or services of a business (Article L. 711-1 of the Intellectual Property Code). Protection is acquired by registration with the INPI (French National Institute of Industrial Property) for France, with the European Union Intellectual Property Office (EUIPO) for the EU trademark, or internationally through the World Intellectual Property Organization (WIPO). The EU trademark regime is governed by Regulation (EU) 2017/1001.

We assist our clients throughout the life cycle of the trademark: prior-rights searches, filing, opposition, monitoring, renewal, assignment, licensing and litigation. For a dedicated operational approach, see our page trademark lawyer in Paris (in French) and, for filing strategies, the page trademark filing lawyer.

Patent law

A patent protects an invention that is new, involves an inventive step and is capable of industrial application (Article L. 611-10 of the Intellectual Property Code). Obtaining a patent requires controlled disclosure and filing with the INPI, with the European Patent Office (EPO) for Europe, or through the Patent Cooperation Treaty (PCT) for international protection. Protection lasts twenty years from filing, subject to payment of the annual fees.

Employee inventions are subject to a specific regime: inventions made in the course of the employee’s duties belong to the employer, who owes additional remuneration, while inventions made outside those duties are subject to a regulated right of attribution (droit d’attribution). We draft contractual clauses, invention policies and confidentiality agreements to secure the exploitation of the patent portfolio.

Designs

A design protects the appearance of a product or part of a product, characterised by its lines, contours, colours, shape, texture or materials (Article L. 511-1 of the Intellectual Property Code). Protection is acquired by registration with the INPI, with the EUIPO (European Union design, formerly “Community” design) or internationally. The maximum term of protection is twenty-five years, in renewable periods of five years. We advise on filing strategy, on cumulative protection with copyright where the originality requirements are met, and in litigation.

Copyright and related rights

Copyright protects works of the mind by the mere fact of their creation, without any formality (Article L. 111-1 of the Intellectual Property Code (in French)). Case law requires the work to have an original form bearing the imprint of its author’s personality. Protection covers literary, musical, audiovisual, graphic, software and architectural works and any perceptible creation. Copyright consists of economic rights (reproduction, performance, adaptation) and moral rights (attribution, integrity of the work, disclosure), the latter being inalienable and perpetual.

Related rights protect performers, producers of phonograms and videograms, and audiovisual communication companies. We assist authors, publishers, producers and platforms with assignment agreements, exploitation authorisations and litigation. For specific copyright questions, see the page copyright lawyer.

Structuring and developing your intangible assets

Intellectual property calls for an asset-management approach: mapping of assets, valuation, filing strategy, licence management, and alignment with tax matters (research tax credit, the preferential regime for income from certain IP assets under Article 238 of the French Tax Code (CGI)). A prior audit identifies existing rights, areas of vulnerability and opportunities for consolidation.

We draft the contracts that govern the exploitation of rights: assignment agreements, non-exclusive or exclusive licence agreements, franchise agreements, trademark coexistence agreements, software development agreements, publishing agreements, producer-artist agreements. The essential clauses (subject matter, territory, term, remuneration, warranties, termination, arbitration) are adapted to our clients’ business models.

In equity transactions, the valuation and transfer of intangible assets must be secured at every stage. We work alongside our corporate practice on mergers and acquisitions involving IP portfolios, on due diligence and on IP warranties and indemnities. The aim is to limit the risk of later claims and to preserve the economic value of the rights transferred.

IP litigation and defence against infringement

Infringement (contrefaçon) means any violation of an intellectual property right. It covers a range of civil and criminal offences. For trademarks, infringement actions are governed by Articles L. 716-4 et seq. of the Intellectual Property Code. They are brought by the trademark owner or by a licensee with the owner’s consent, unless the contract provides otherwise; the holder of an exclusive right of exploitation may act if the owner, after formal notice, does not act within a reasonable time (Article L. 716-4-2 of the Intellectual Property Code (in French)). The limitation period for an infringement action is five years from the day on which the owner knew or should have known of the last fact enabling them to bring it.

Infringement seizure (saisie-contrefaçon), provided for by Article L. 332-1 of the Intellectual Property Code for copyright and by equivalent provisions for the other rights, makes it possible to gather evidence before trial. It is ordered by the president of the judicial court (tribunal judiciaire), on an ex parte application, and carried out by a judicial officer (commissaire de justice). We prepare these procedures in advance, attend the seizure and make use of its results.

Civil remedies aim to stop the infringing acts, recall and destroy the products, publish the decision and compensate the loss. The amount of damages takes into account the negative economic consequences, the non-pecuniary loss and the profits made by the infringer. Criminal penalties for trademark infringement, set out in Articles L. 716-9 and L. 716-10 of the Intellectual Property Code, range from three years’ imprisonment and a €300,000 fine (possession, offering for sale, reproduction) to four years and €400,000 (import, export, industrial production); they rise to seven years and €750,000 in the case of an organised gang, online sale or dangerous goods. We act for both claimants and defendants.

Artificial intelligence, blockchain and new IP issues

Emerging technologies are shaking up the balance of intellectual property law. Works generated by artificial intelligence raise the question of ownership: French copyright law, based on the notion of a work of the mind bearing the imprint of its author’s personality, does not currently recognise a machine as an author. French and European case law is gradually clarifying the regime applicable to AI-generated content and to training datasets.

Digital assets (NFTs, tokens) raise questions about how copyright interacts with rights conferred by the blockchain. Acquiring an NFT does not automatically mean acquiring the underlying copyright: only a precise written assignment, complying with the formal requirements of Article L. 131-3 of the Intellectual Property Code, can transfer the economic rights. We assist Web3 projects, platforms and collectors on these issues and on emerging disputes, as detailed in our article on NFTs and copyright.

Regulation (EU) 2024/1689, known as the “AI Act”, requires in particular providers of general-purpose AI models to put in place a copyright compliance policy that identifies and respects the reservations of rights (opt-outs) expressed by rights holders under Article 4 of Directive (EU) 2019/790 on copyright in the Digital Single Market. Documentation and transparency obligations also apply. We advise model developers, user businesses and creators on compliance.

How our firm assists you

Our intellectual property and digital practice acts for companies, start-ups, creators, publishers and individuals. We combine strategic advice and litigation, in France and in coordination with correspondents abroad for multi-jurisdictional matters. The integrated approach with our corporate, company law and tax teams ensures consistency when IP is at the heart of a business project.

Our methodology is based on an initial scoping meeting, a documented analysis of the relevant statutes and case law, written deliverables and regular follow-up. As intellectual property issues evolve quickly, we keep a constant watch on decisions of the Cour de cassation (French Supreme Court), the Conseil d’État, the Court of Justice of the European Union and on sector-specific directives.

To review your situation, report a possible infringement of your rights or prepare a strategic filing, please contact us via the contact form. An initial discussion makes it possible to frame the issues and consider the next steps.

Frequently asked questions

What are the four main intellectual property rights?

French intellectual property traditionally consists of trademarks (Article L. 711-1 CPI), patents (Article L. 611-10 CPI), designs (Article L. 511-1 CPI) and copyright and related rights (Article L. 111-1 CPI). In addition to these four pillars there are specific rights, such as plant variety rights, geographical indications and database protection.

When should you instruct an intellectual property lawyer?

As soon as a creation, a trademark, an invention or a portfolio of intangible assets is at stake: setting up a company, launching a product, negotiating a licence agreement, fundraising, IP due diligence, suspected or established infringement, receipt of a formal notice, ongoing dispute. Early advice makes it possible to develop the most suitable strategy.

What is the difference between an IP lawyer and an industrial property attorney?

An industrial property attorney (conseil en propriété industrielle, CPI) is a regulated professional who mainly handles the filing and administrative follow-up of titles (trademarks, patents, designs). A lawyer combines strategic advice, drafting of legal documents and representation in court, including in criminal matters and internationally. The two professions often complement each other in complex matters.

What can you do in the event of trademark infringement?

The usual actions are a formal notice, an infringement seizure, an infringement action before the competent judicial court (specialised intellectual property chambers), an additional unfair competition action and, where the conditions are met, criminal proceedings. We determine with you the most suitable strategy in light of the loss, the available evidence and your objectives (stopping the acts, compensation, publicity).

What is the limitation period for infringement?

A civil infringement action is time-barred after five years from the day on which the right holder knew or should have known of the last fact enabling them to bring it (Article L. 716-4-2 CPI for trademarks, and equivalent regimes for the other rights). Criminal proceedings for offences (délits) are time-barred after six years from the day the offence was committed.

Can software be protected by a patent in France?

Software as such is excluded from patentability by paragraphs 2 and 3 of Article L. 611-10 of the Intellectual Property Code. It is protected by copyright from its creation. However, a computer-implemented invention may be patentable where it has a technical character within the meaning applied by the European Patent Office. We help you characterise your projects and choose the optimal combination of copyright, patent and trademark filing.

What protection is there for a work generated by artificial intelligence?

French law recognises as author the natural person who creates an original work. Content produced by an AI without sufficient creative input from a natural person does not, under current case law, benefit from copyright protection. Where a human retains decisive creative control (choice, selection, adaptation, original formatting), protection may be considered. The framework is evolving rapidly with the European AI Act.

How do you secure a trademark licence agreement?

A well-drafted licence agreement specifies the subject matter of the licence (trademarks concerned, goods and services), the territory, the term, whether or not it is exclusive, the royalties, the warranties, quality control, exploitation obligations, termination conditions and dispute resolution. Recording the licence in the National Trademark Register (Registre national des marques) kept by the INPI makes it enforceable against third parties under the conditions set by the Intellectual Property Code. We draft these agreements taking into account the business model and the applicable competition rules.