Conseil en propriété industrielle European Patent, Trademark & Design Attorney
BREVETS - MARQUES - DESSINS ET MODELES

Drafting contracts

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Drafting contracts

The acquisition and use of industrial property titles (patents, trademarks, drawings & models) require regulation through contracts.

A sales (or transfer) contract allows the holder of the title to transfer his rights to a third party. This transfer can be either total or partial. It can for example be limited to a certain territory. In terms of patents, the transfer can be limited to certain determined industrial applications, or be limited to certain geographical territories. In terms of trademarks, the transfer may cover only certain products or certain services.

A license (or transfer) contract allows the holder to not use his industrial property title directly. He will authorize a third party to use this title in exchange for the payment of fees (or royalties). The operating license can be granted exclusively (to a single third party) or simply (to several third parties), be limited to a manufacture, marketing or distribution, for a determined duration, over a precise geographical territory, etc.

Clauses that are poorly studied, poorly written or in contradiction with the law, can give rise to legal disputes and unnecessary expense.

In addition, in order to be opposable to third parties, certain contracts (transfers and licenses in particular) must be listed in the official Registries. These registrations involve strict administrative formalities, which generally become complex when they take place abroad.

YOUR STAKES

➢ You want to target the suitable contract according to the nature of your project and your objectives.

➢ You want to receive support to defend and/or protect your interests.

➢ You want to make sure that the clauses in the contract comply with the law.

➢ You need to make your rights or those of your customers opposable to third parties.

OUR APPROACH

➢ We methodologically analyze the legal context in order to determine the contract or contracts that are suited to your stakes and to put you in an optimum negotiating position.

➢ We work closely with you by consulting with you on a regular basis and by involving you in the drafting of the contract.

➢ We provide you with support in negotiating your contracts.

➢ We formulate and draft clauses that defend and/or protect your interests optimally.

➢ We anticipate disputes by respecting the rules for drafting that are proper to industrial property law.

➢ In each country, according to local practice, we manage the registrations of contracts by working closely with a limited group of highly experienced foreign correspondents.

Do you need contracts that defend and protect your interests? Contact us!

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