Intellectual property law

The law firm GIACCARDI & BREZZO Avocats intervenes in the protection of creations and innovations, depending upon the professional profile, notably:

• Counselling, negotiation and drafting of contracts (confidentiality agreement, research and development contract, license agreement, transfer of intangible assets, exploitation of drawings, models or patents …)

• Strategy consulting (availability study, breach monitoring, protection strategy, filing strategy, protection of digital assets: domain names, identifiers on social networks)

• Managing of IP portfolio (application for trademarks, drawings, models, domain names…)

• Managing of online identity and reputation breaches

• Trademarks, designs and models proceedings (counterfeiting)

• Domain names proceedings (conflicts between domain names, between domain names and trademarks)

• Tort actions

 

Monegasque IP

Monegasque intellectual property law is governed by four main laws : Law No.1058 of 10 June 1983 on Trademarks and Service marks; Law No.606 and No.607 of 20 June 1955 on patents, and on Designs and Models; Law No.491 of 24 November 1948 on the Protection of Literary and Artistic Property.

The main intellectual property treaties are applicable, as Monaco entered most of the Agreements in the discipline. Monegasque intellectual property law is therefore developing according to international standards.

With regard to domain names, the Network Internet Centre of the Electronic Communications Division of Monaco is the registration and management office for the “.mc” naming area.

The Principality has recently concluded a working agreement with the European Patent Organization (EPO) to ensure the legal value of the invention. With the filing of a national patent application, it makes it possible to require the establishment by the European Patent Office of a search report on the state of the art and of a written opinion on patentability (Sovereign Ordinance No. 6.409 of 2 June 2017).

Sovereign Ordinance No. 6.337 and Ministerial Order No. 2017-217 of  5 April 2017 have updated the national regulation on patents.

Sovereign Ordinance No. 6.874 of 29 March 2018 harmonized procedures in the three areas of industrial property: patents; designs and models; trademarks.

Karenn
BRENOT

Our related publications

Contribution to the publication of the European Patent Office "Compulsory licensing in Europe"

European Patent Office (EPO), "Compulsory licenses in Europe - A country-by-country overview", Munich, Germany, 2018, 114 p. Contribution of Benjamin LECLERCQ for MONACO (p. 77). • Legal basis • General procedure • Appeal/review...

Liability of the owner of an internet connection used for copyright infringements (German Law)

Court of Justice of the European Union, Judgment of 18 October 2018, Bastei Lübbe GmbH & Co. KG / Michael Strotzer, Case C-149/17 There is no fair balance between the right to an effective remedy and the right to intellectual property, on the...

UIA (International Association of Lawyers) 60th Congress

October 28-November 1, 2016 (Budapest) With the participation of Benjamin LECLERCQ. More • Is there a specific right for robots? • 3D Printing - Shaping the Shapes of the Future  ...

HEC Review Hommes & Commerce 

May/June 2015 (nb 366, p. 97) Interview with Benjamin LECLERCQ "The Monegasque legal framework on intellectual property"  More...

 
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