The geographical area refers to the territorial space in which an intellectual property right is protected and applicable. It determines the extent of the exclusivity granted to the owner and provides a framework for acting against infringements or violations of rights.
- For a trademark, protection applies only in the countries or areas where it is registered (Articles L.711-1 et seq. of the CPI).
- For a patent, protection is territorial and limited to the States in which the patent has been granted (Articles L.613-1 et seq. of the CPI).
- Designs, copyrights, and semiconductor topographies also benefit from protection depending on the geographical area of registration or filing.
In practice:
- The concept of geographical area is essential for defining an international protection strategy, planning filings and anticipating the risks of counterfeiting.
- It also influences the competent jurisdiction in the event of a dispute and the defensive measures to be taken against infringements of intellectual property rights