Intellectual Property


Supporting creativity and innovation in cross-border relations.

Intellectual property is at the heart of all industrial and commercial projects, particularly in a context of free competition.

Intellectual property and competition law are at the centre of a growing number of acquisitions and reorganisations of companies, as well as of research and development joint-ventures.

In terms of creation and innovation, contracts with designers and inventors secure the utilisation of their works protected by intellectual property rights.

Franchise and distribution contracts protect the marketing of these works.

Brands, prestigious ones in particular, when affixed to these works, identify the manufacturer and contribute to its visibility.

Intellectual property rights protect the holders, companies or designers, against counterfeiting of their innovative products. This protection may be supplemented by actions relating to unfair competition or discriminatory trade practices.

BMHAVOCATS’ fields of expertise include the following:

  • advice and assistance in due-diligence preceding an acquisition,
  • development of strategies for the protection of creations, innovations, brands and domain names,
  • negotiation and drafting of the following :
    • contracts with designers and inventors, salaried employees or not,
    • licensing and manufacturing contracts,
    • franchise and distribution contracts,
  • advice on implications concerning competition law
  • consideration of the specificities of computer systems and cable distribution networks,
  • defending the interests of collecting societies,
  • developing strategies to resolve disputes through negotiation, mediation and/or litigation,
  • advice and assistance in negotiation and mediation,
  • representation of its clients before jurisdictions, abroad through its independent correspondants, or before arbitral tribunals,
  • analyzing the interests of its clients, negotiation and drafting of settlement agreements,
  • intervention in cases of identity fraud on Internet networks, identifying the violation of personal data and relations with competent authorities,
  • management of brand portfolios.

Fields of intervention:

  • Luxury
  • Publishing
  • Audiovisual
  • Mass food or non-food retail
  • IT
  • Pharmaceutical industry

Recent missions:

  • France/USA/Asia: Advice to a traditional French luxury house in the development of its distribution network on an international level
  • France/Germany: Advice to an IT company in the sale of a part of its business activity in an international context
  • France/Europe/Japan: Advice to a perfume and cosmetics house in concluding a perfume licensing contract and negotiation with various international stakeholders
  • France/Germany: Advice regarding online sales
  • France/Germany/Europe/World: Mediation in the field of IT, databases, augmented reality, creation in luxury, the coexistence of wine brands

Classification “Décideurs”: Strong reputation “brand designs and models”, reputable practice “patent disputes” and “IT”