Seminar 1 in English at Sciences-Po Paris: an introduction to intellectual property, by Céline Bondard

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Céline Bondard, 02-15 1
Maître
Céline
Bondard
cb@bondard.fr
Cabinet
Bondard
www.bondard.fr
Intellectual Property
Seminar 1: Introduction
January 2015: Sciences-Po Paris

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I. Introduction – Map of seminars
1. Intellectual property: an introduction
Economics / Different types of protection available
2. Copyright law and related questions
Author's rights / Exceptions to copyright law / Personnality rights
3. Enforcement of IP rights and Infringement issues
Types of enforcement of IP rights / Copyright infringement
4. WORKSHOP: on copyright law, infringement and related issues
5. Mock trial on copyright and infringement
6. Intellectual property contracts
Different types of IP contracts / How to draft an IP clause / Creative commons
7. WORKSHOP: on intellectual property contracts and creative commons
8. Intellectual property issues on the Internet
Terms of use / Personal data

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I. Introduction - A. Why create IP rights?
1. Why create IP rights: economic considerations
è To create an incentive to innovate.
è To promote technological or cultural progress (patents or copyrights).
èTo preserve the information of consumers as to the origin of products (trademarks).
« Certainly an inventor ought to be allowed a right to the benefit of
his invention for some certain time. It is equally certain it ought not
to be perpetual; for to embarrass society with monopolies for every
utensil existing, and in all the details of life, would be more injurious
to them than had the supposed inventors never existed…How long the
term should be is the difficult question. » Thomas Jefferson, 1807

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I. Introduction - A. Why create IP rights?
2. Why create IP rights: practical considerations
è To find a balance between keeping our project confidential and developing it.
èTo better protect our intellectual works.
èTo put a value on intangible works. US businesses invests about $1 trillion in IP -
as much as they invest in creating tangible assets.
èTo better negociate and draft contracts with our
partners.

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I. Introduction – A. Why create IP rights?
Confidentiality • Confidentiality contracts and other precautions: shhh!
Protecting
• Licensing contrats,
• Franchising contracts,
• Distribution contracts…
Internal
Partnerships
• Letter of intent / MOU / partnership contract: why signing a
contract is key
External
partenerships
• Valuation of intangible assets -> protect your intangible assets
with copyright, trademarks, designs and models, patents
3. Registration and contracts

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I. Introduction – B. Types of IP rights
Définition:
Exclusive rights
given to creations
of the mind to
the author of
such creations.
Industrial property in France: (i)
industrial works such as patents, (ii)
distinctive signs such as trademarks
and domain names, (iii) designs and
models: registration creates a monopoly.
Literary and artistic property:
intellectual works, author’s rights
(France) / copyright (US), and
related rights: no registration, no
monopoly.
1. What is intellectual property?

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I. Introduction – B. Types of IP rights
• Article L 111-1 of the IP code: « The author of a work of the mind shall enjoy, in that
work, by the mere fact of its creation, an exclusive incorporeal property right which shall be
enforceable against all persons This right shall include attributes of an intellectual and moral
nature as well as attributes of an economic nature. »
Author’s rights: 70 years after the author’s death
• Art L.711-1 of the IP Code: «a trademark is a sign that may be represented graphically
and which serves to distinguish products or services of a physicial or personal or moral entity. »
Trademarks: perpetual rights (renewal possible every 10 years)
• Article L.511-1 of the IP Code: «May be protected by design and models rights the
appearance of a prodct (…) caracterized in particular by its lignes, contours, colors, shape,
texture or materials (…). »
Design and models rights: 25 years
• Article L.611-1 of the IP Code: «Every invention may obtain an industrial property
title delievered by the INPI director, who gives its owners an exclusive right of exploitation
(…). In exchange, the invention shall be divulged to the public. »
Patent law: 20 years in most cases And Coca-Cola?
2. The Main Rights

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I. Introduction – B. Types of IP rights
• Gathering of information, whether under electronic form or not, individually
accessible. Offers a double protection:
• Copyright: appearance, architecture. Condition for protection: originality.
• « Sui generis » right: content of the database. Condition for protection:
economic value: financial, time or investment in ressources. Duration: 15 years.
Databases: copyright; sui generis right (15 years)
• Copyright: software architecture, object code and source code, documentation.
• Patents law: if the software allows for the realization of a product or process
(tangible effects). Elements that are not protected: Eléments non protégés: the
program itself, its algorythms, the program langage.
Softwares: copyright; patents (20 years)
3. Special cases: databases and softwares

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I. Introduction – B. Types of IP rights
Example:
A Few Numbers
• Professional social network created in 2003 in California;
• Over 200 million users;
• Company specialised in recruiting: 20% of benefits through memberships, 20% through
advertising, and 50% through recruiters / headhunters.
LinkedIn and the Value of IP
WEBSITE/SOFTWARE
DATABASE
NAME: LINKEDIN
Copyright Trademark Design and models Patents
X✓
✓
✓X
X X X
✓ X X✓

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II. Droit d’auteur – D. Conclusion
Conclusion: think IP, think contracts
When you create intellectual works, you generate value -> when you generate value->
you generate potential conflicts.
è You need to sign contracts with your partners;
èYou need to be specific when it comes to what creations belong to who and how to
exploit them;
èYou need to protect your creations by all legal means available (trade secrets,
registrations, confidentiality agreements).

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II. Droit d’auteur – D. Conclusion
Maître Céline Bondard
Attorney at Law, Paris & New York
cb@bondard.fr
Bondard and Partners
www.bondard.fr