Protecting and adding value to your creations, trademarks and know-how
A trademark, a logo, a website, a software, a text, a design or know-how: these intangible elements are often an essential part of a company’s assets. But they still have to be identified, protected and, when the time comes, defended. LexInnov supports companies and creators in the legal management of their intellectual assets.
Two broad sets of rights
Intellectual property law traditionally divides into two branches, both governed by the French Intellectual Property Code.
Literary and artistic property protects works of the mind through copyright (droit d’auteur). Protection arises without any formality, from the mere fact of creation, provided the work is original — that is, that it bears the imprint of its author’s personality. It confers economic rights (exploiting the work and earning revenue from it) and moral rights (authorship, respect for the work), the latter being inalienable and perpetual.
Industrial property covers trademarks, patents and designs, among others. Here, protection generally requires a filing with the INPI in France, or with the EUIPO at European level. That filing grants an exploitation monopoly over a given territory and for a set period, provided the relevant conditions are met.
The trademark: a key strategic asset to build and monitor
A trademark is often a company’s first intangible asset. Before any filing, an availability search makes it possible to check that the sign is free to use and to avoid encroaching on existing rights — a step too often overlooked —, and one that can prove costly later. The filing must then set out precisely the goods and services concerned, since it is this specification that defines the scope of protection.
Once registered, a trademark must be used and monitored: without genuine use it can be revoked; where a third party uses it, the owner can act. The life of a trademark also calls for contractual vigilance, particularly with assignments and licences, which must be drafted carefully to spell out the exact scope of the rights transferred, their territory and their duration.
Enforcing your rights: infringement
An infringement of an intellectual property right (contrefaçon) can be sanctioned in both civil and criminal proceedings. The rights holder has specific tools, such as the infringement seizure (saisie-contrefaçon), which allows the infringement to be physically recorded by a bailiff before an action is brought, thereby securing the evidence. The litigation strategy depends on many factors: the nature of the right, the extent of the infringement, and the goal pursued (stopping the use, obtaining compensation, negotiating a settlement). An amicable phase, through a formal notice, is often a useful prelude to court action.
Patents, designs and trade secrets
Beyond copyright and trademarks, innovation can be protected by a patent, which rewards an invention that is new, inventive and capable of industrial application, in return for its disclosure. Designs, for their part, protect the appearance of a product. Where protection by a registered right is not appropriate, trade secrets offer a complementary framework for safeguarding know-how or strategic information — provided suitable protective measures are in place. The choice between these tools, or their combination, comes down to the nature of the asset and the company’s strategy.
How LexInnov Law Firm can help you
Our firm acts both in an advisory capacity — protection strategy, availability searches, filings, drafting of assignment and licence agreements — and in defence, to enforce your rights or respond to an action brought against you. The aim is to align legal protection with the economic reality of your business.
We handle intellectual property and trademark matters. Click here to make an appointment: Maître Simon will review your assets with you and the ways to secure them.
Grenoble – 17 September 2026