INTELLECTUAL PROPERTY RIGHTS IN FRANCE
First Renewal Term
Subsequent Renewal Term
The Intellectual Property Code, 1992 - is the primary law governing the mechanism of trademark registration and protection in France.
For getting a trademark registered in France, an application has to be filed with the National Institute of Industrial Property (INPI), which administers the entire trademark registration process.
It follows a 'first-to-file' system, which means that trademark registration is mandatory for protection.
France follows the 11th edition of Nice Classification. Multi-class trademark applications are possible.
The third parties can file opposition actions against a trademark application within two (02) months following its publication.
In France, registered trademarks have a validity of ten (10) years from the date of application, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months along with a supplementary fee.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
France is a member of the Paris Convention for the Protection of Industrial Property, the European Patent Organization, and the Patent Cooperation Treaty (PCT).
The Intellectual Property Code, 1992 - deals with the mechanism of patent protection in France.
For seeking patent protection in France, an application has to be filed with the National Institute of Industrial Property (INPI), which administers the entire process of patent grant.
Patents are granted for any inventions in any field of technology that are new, involve an inventive step, and are susceptible of industrial application. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application and Convention Application.
In France, an opposition against a patent application can be raised at the pre-grant stage within nine (09) months following the publication of the patent in the Official Bulletin of Industrial Property.
In France, patents last for twenty (20) years from the filing date.
Annual maintenance fees apply to both pending applications and granted patents. The first annuity is included in the filing fee. Annuities become due on the last day of the month of filing and may not be paid more than one year before the due date. Late payment is possible within six (06) months after the due date along with a penalty.
The Intellectual Property Code, 1992 - governs and deals with the mechanism of registration of industrial designs in France.
For getting an industrial design registered in France, an application has to be filed with the National Institute of Industrial Property, which administers the entire process of registration.
The types of industrial design applications that can be filed in France include Non-Convention Application and Convention Application.
Opposition against an industrial design application cannot be raised in France.
The total duration of industrial design registration in France is twenty-five (25) years from the date of application. The initial registration term is five (05) years, which is further extendible for four (04) terms of five (05) years each upon payment of the renewal fee.
The time frame for payment of the renewal fee before the due date is six (06) months.
There grace period to renew a registered industrial design is six (06) months.
France is a signatory to the Berne Convention for the Protection of Literary and Artistic Works.
The Intellectual Property Code, 1992 - is the basic legislation governing copyright protection in France.
In France, copyright comes into existence as soon as the work is created. No formality is required to be done for getting a copyright.
The Economic rights last for the whole life of the author and shall subsist for his or her successors in title for seventy (70) years.
In the case of collaboration works, protection is provided for the authors’ entire lives plus seventy (70) years from the death of the last contributor.
Published pseudonymous, anonymous, or collective works are protected for seventy (70) years from 1st January of the calendar year following that in which the work was published.