Key points
- Intellectual property is divided into two branches: literary and artistic property, and industrial property, each with its own legal regime.
- Copyright automatically protects original works of authorship from the moment they are created, with no prior formality.
- It covers economic rights of exploitation and moral rights, and generally lasts seventy years after the author’s death.
- Industrial property protects inventions and distinctive signs through three mechanisms: patents, trade marks, and designs, all of which require registration.
- A patent grants an exclusive right of exploitation for a maximum of twenty years from filing, subject to payment of annual fees, for an invention that is new and involves an inventive step.
- A trade mark, filed with the INPI (French intellectual property office) and distinctive, grants an exclusive right renewable every ten years indefinitely.
Intellectual property brings together a set of rights that allow their holders to protect, exploit and defend their creations. Whether they are artistic or literary works, technical innovations or distinctive commercial signs, French law offers different mechanisms to protect them. Hashtag Avocats presents here a detailed overview to help you understand each facet of the existing rights, adapt your risk management strategy and preserve the value of your intangible assets.
Understanding the fundamentals of intellectual property in France
At the heart of any approach to protecting your creations, you need to distinguish two main branches: literary and artistic property on the one hand, and industrial property on the other. Each pursues specific objectives and relies on distinct legal regimes. Telling these mechanisms apart is essential to choosing the right approach for the type of creation you want to protect.
Intellectual property rights systems rest on key criteria such as originality, novelty or distinctive character. This protection often involves administrative steps with specialised bodies, sometimes supplemented by court action to ensure the effective defence of the creator’s economic rights and moral rights.
Copyright: the foundation for protecting works of authorship
Copyright is the historical pillar of intellectual property. It automatically protects all original works of authorship from the moment they are created, with no prior formality. The fields covered include literature, music and the visual arts, as well as software. This protection covers both economic rights (commercial exploitation, reproduction, performance) and moral rights (respect for the work, attribution). Calling on an intellectual property expert can prove particularly useful to protect your rights and obtain tailored advice in complex situations.
Under French law, the author enjoys copyright for life; on the author’s death, the right continues for the benefit of the author’s successors in title during the current calendar year and the seventy years that follow (Article L. 123-1 of the French Intellectual Property Code (Code de la propriété intellectuelle) (in French)). The successors in title can therefore continue to exploit and defend the work. However, disputes frequently arise over ownership or the scope of the rights, particularly in collaborations or assignments of rights.
The world of industrial property
Industrial property mainly concerns the tools for protecting inventions, technical innovations and distinctive signs used in trade. Three main mechanisms stand out: patents, trade marks and designs. All require official registration to benefit from robust legal protection.
Filing an application with the French National Institute of Industrial Property (Institut national de la propriété industrielle, INPI) and meeting the substantive conditions are essential to take full advantage of industrial property. Professional support, such as that offered by Hashtag Avocats, makes each step legally sound: prior-art searches, filing, follow-up and management of the portfolio of rights.
What are the specific features of a French patent?
A patent protects a new technical invention that involves an inventive step and is capable of industrial application. Granted at the end of a rigorous procedure, the patent confers on its holder an exclusive right of exploitation for a maximum of twenty years from the filing of the application (Article L. 611-2 of the Intellectual Property Code (in French)), subject to payment of annual fees (Article L. 612-19 of the same code (in French)).
Patent holders enjoy an exclusive right, which they can exploit directly or through licences and assignments. If the patent is infringed, infringement actions (contrefaçon) make it possible to obtain compensation. It is vital to maintain confidentiality before filing so as not to compromise the novelty required for the grant of the patent.
Why protect a trade mark?
A trade mark identifies a company’s goods or services to the public. To be protected, it must be filed and have distinctive character, while avoiding any confusion with signs already registered. Once acquired, the trade mark grants an exclusive right renewable every ten years, indefinitely.
Regular monitoring of the use of the trade mark helps prevent dilution of its reputation or infringement. Defence then involves oppositions, formal notices or court action to prohibit the use of similar or fraudulent signs.
How do designs work?
Designs (dessins et modèles) protect the ornamental appearance of a product: lines, shapes, colours or textures. To be eligible, the design must be new and have individual character. Registration gives the holder essential protection against copying, valid for five years and renewable up to twenty-five years.
An infringement action makes it possible to stop any unauthorised use. Highly creative companies regularly file their new shapes to prevent misuse by competitors. Proactive management of the design portfolio thus strengthens competitive advantage.
Copyright, related rights and other complementary protections
Alongside copyright, the law also provides for related rights (droits voisins) for certain categories such as performers, audiovisual producers or broadcasting organisations. These rights reward their contribution to the creation or dissemination of the work, for a shorter period than standard copyright.
Other mechanisms, such as trade secret protection, unfair competition or know-how, provide additional safeguards for certain sectors or where the invention does not meet all the patent criteria. Building an effective strategy means combining these tools intelligently to give creations the strongest possible protection.
What steps should you take to protect a creation in France?
The first step is to define precisely the nature of the creation: a work of authorship, an innovative technical process, an original design or a trade name. This analysis lets you opt for the protection regime best suited to your economic and legal interests.
It is essential to carry out prior-art searches before any application, to avoid disputes and maximise your chances of obtaining the right you seek. Putting appropriate contracts in place (assignment, licence, confidentiality clauses) optimises the future management of the economic rights attached to the creation.
- Set up ongoing competitor monitoring
- Make sure you meet the deadlines for renewal or territorial extension
- Organise traceability of evidence of creation and exploitation
- Regularly consult a lawyer specialising in intellectual property
FAQ on intellectual property rights in France
How can you protect a technical invention through intellectual property?
To obtain effective protection, you should file a patent application with the competent authority after checking novelty and inventive step. The application must contain a clear description, precise claims and often explanatory drawings.
- Prepare the application carefully to limit the risk of rejection
- Maintain confidentiality before filing
- Make the payments needed to keep the patent in force
| Step | Description |
|---|---|
| Filing the application | Formal submission to the INPI |
| Examination | Check that the conditions are met |
| Grant | Grant of the patent if the criteria are met |
What is the difference between copyright and related rights?
Copyright protects the original work created by its author, while related rights benefit those who take part in disseminating or performing that work, such as performers or producers. Although the rules differ, these rights provide fair remuneration without calling into question the prerogatives of the principal author.
- Economic rights: collection of royalties on public use
- Duration: in principle fifty years, seventy years for published performances and phonograms, two years for press publishers and news agencies
Which creations qualify as designs?
This covers objects with a specific appearance, such as furniture, clothing, packaging, graphic logos or accessories. Even a minimal aesthetic change can justify a filing if it is new and has individual character compared with what already exists.
- Novelty of the design
- Registration with the competent office
- Renewal every five years
What should you do if your intellectual property is infringed?
When you identify an infringement, it is advisable to gather all available evidence and then contact a professional to consider amicable or court action. Depending on the seriousness and the harm suffered, various options exist (formal notice, infringement seizure (saisie-contrefaçon), criminal complaint, etc.).
- Keep every trace of unauthorised exploitation
- Have an official report drawn up by a commissaire de justice (judicial officer) if necessary
- Bring the matter before the competent court with the help of a lawyer
