Disputes on copyrights, creations, designs
BRANDON IP can assist you in determining whether or not your creation can be protected by copyright and, if necessary, can advise you on gathering evidence for this creation. Our experience in the matter combined with the regular updating of our knowledge and the monitoring of developments in case-law in particular, enable us to adjust to your requirements in terms of the protection and exploitation of your creations, irrespective of the domain.
We are also ready to help you in case of a conflict with a third party, in prosecution or defence, in the context of a lawsuit for infringement or out-of-court negotiations for any settlement procedure in the context of pre-litigation and litigation procedures.
Copyright seeks to protect any artistic creation, such as literary and musical works, fashion designs, designs, software, etc. There are no limits as regards the form of expression of the work, the genre, the merits or intended purpose of the work.
However, the work must be original to benefit from copyright protection. It must bear the imprint of its author’s personality.
Copyright arises from the sole act of creating the work, without any formality.
It comprises two types of rights:
- Proprietorial rights: including the right of reproduction, which allows the author to authorise or prohibit the reproduction of his/her work on certain media; and the right of representation, which allows him/her to authorise or prohibit the communication of his/her work to the public.
Proprietorial rights last for 70 years following the death of the author.
- Moral rights: comprising the right to the integrity of the work and the paternity right.
They are inalienable, perpetual and imprescriptible.
Although copyright does not require any specific formality to be recognised, it is recommended to have a way to certify the date of creation in case of a dispute. Several methods exist for this and we are at your disposal for any advice.
In France, the principle of simultaneous protection enables one to benefit from protection via the industrial design as well as via copyright if your work possesses the necessary qualities.
We can offer you our services in the following domains:
1/ The acquisition and defence of your rights
- Implementation of a protection strategy
- Gathering evidence of a copyright
- Renewal (in case of filing)
2/ The defence of your rights
- Legal opinion
- Proposal and management of pre-litigation
- Organisation of infringement seizure
- Lawsuit for infringement, unfair competition and others, in partnership with specialised lawyers
3/ The enhancement of the value of your rights
- Negotiation and drafting of contracts (transfer, licence, coexistence agreement and others)
- Advice in rights management