Brands & Designs and models

Benoliel Avocats advises and represents its clients concerning brands, designs and models (pre-)litigation procedures before the French and European courts (EU Court, EU Court of Justice) as well as before Offices such as the INPI or the EUIPO in Alicante. Furthermore, the firm intervenes in UDRP proceedings initiated before the WIPO.

The counselling of its clients covers the writing of commercial contracts regarding industrial property rights, assistance during negotiations, the establishment of audits to define the best protection and registration strategies.

This expertise being at the heart of the firm’s practice and reputation, Benoliel Avocats enjoys high success rates with cases frequently leading to ground-breaking decisions.

Copyrights

Benoliel Avocats assists copyright owners in the valorisation and protection of their intellectual property rights, more particularly in the fashion, design, literary publishing, art, audiovisual media or music industries. The firm also advises authors in the management of their copyrights.

Its missions include the negotiation and writing of commercial contracts for clients of varied backgrounds, companies, authors, designers or right-holders.

Litigation procedures are here again at the heart of the firm’s activity, part of its DNA. Indeed, whether presented before the hearing judge in the summary proceedings or at a fixed date, seizures for counterfeiting, infringement litigations and/or unfair competition & free-riding litigations are common patterns of practice.

Patents and know-how

Benoliel Avocats assists its clients in defending their rights before the competent courts: pre-litigation complaints, seizures for counterfeiting, infringement litigations and unfair competition & free-riding litigations before the Paris Court of first instance and the Court of Appeal.

Sylvie Benoliel-Claux has been practicing Patent and IP Law for many years and has pleaded and negotiated many litigations for French and foreign clients, in fields as varied as the engineering, automotive, chemical and microprocessor industries, amongst others.

The firm works in close partnership with industrial property attorneys and patent agents to jointly engage in substantive quality work on the title’s validity and the strategies to pursue.

Unfair competition and free-riding

Whether there are led independently or as a complement to a lawsuit in counterfeit, unfair competition litigations and/or free-riding litigations confront direct or indirect competitors and often involve important economic interests.
Benoliel Avocats is used to handling these litigations before the commercial courts when IP rights are not at stake.

Litigations may involve packaging, products, services and/or slogan counterfeits, the repossession of business strategies as well as unfair business practices such as negative publicity, misleading/false advertising or illicit comparative advertising.

Commercial Law

Commercial Law issues, sometimes comparable to IP matters, also represent a significant part of Benoliel Avocats’ activities: sudden termination of business relations, writing of trademark agents and brand ambassadors’ contracts, letters of intent, confidentiality agreements, repurchase/sale of intangible assets, etc.

The firm represents its clients before both civil and commercial jurisdictions and assists them during negotiations and transactions.