Protection and management of other distinctive signs
The uniqueness of your company and its offer is not limited to the brand.
It also depends on all the distinctive signs used and which contribute to creating your image with your customers:
- logos and all visuals (graphic charter, photographs);
- slogans, base line, presentation and promotional texts;
- the layout and furniture of the points of sale;
- product packaging;
- in general, all elements likely to be protected under intellectual or industrial property.
All these elements are likely to be subject to a monopoly of exploitation for the benefit of their author as long as they are marked by the imprint of the personality of this author. This is called copyright.
However, when you place an order with a service provider (graphic design, web, architecture, packaging, etc.), the order does not automatically transfer copyrights.
On the contrary, the assignment of rights must be in writing, express and contain many mandatory particulars: otherwise, it is not effective.
The same applies when the works are created by employees. With the exception of patents and software, the fact that he is an employee does not automatically confer rights on the employer. Transfers must therefore also be organised with employees.
However, mastery of these rights is essential for your company: these creations distinguish it and must be for free and sustainable use.
Method for protecting certain elements of your concept by copyright
As soon as one of its elements is likely to constitute a work of the mind protectable under copyright, Gouache Avocats helps you to organize its protection:
- analysis of the protectability of the work;
- search for the ownership of rights (brand, employee, brand provider);
- negotiation and acquisition of copyrights (drafting and negotiation of copyright assignment contracts);
- organisation of the dating of the work;
- prosecution of copyright infringements (or defence in the event of a claim of copyright infringement).
Negotiation of copyrights prior to the order
The good reflex is to contact us upstream of the order whenever possible: the negotiations of assignment of rights are then easier and the acquisitions of rights less expensive.
You are assured of the exclusive control of your visual identity: you can ensure the peaceful enjoyment of your distributors, exploit it, and preserve its originality and distinctive character by acting in counterfeit.
