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Kimbrough & Associés

Paris, France

Intellectual Property

Examples of our activities in the following areas of Intellectual Property:

Computers and Software

Our firm participates, including negotiating and drafting licenses, distribution agreements and joint ventures, in transactions focusing on computer technology, such as security programs involving encryption, in diverse industries.

Examples of Matters Relating to Computer Technologies and Software :

  • Negotiation of license from a U.S. company to a French company for the distribution of computer hardware and software in the context of security programs involving encryption..
  • Negotiation and drafting of model software licensing agreements for a French-based multinational with a private European organization representing transport companies, relating to communications and railway technology, for the purpose of having the French entity's technology adopted as the European standard.
  • Negotiation and drafting of a joint venture agreement in the telecommunications sector between a subsidiary handling space-related activities of a French-based multinational company and a medium-sized American company having developed software capable of tracking a mobile unit on the surface of the earth by satellite.
  • Drafting and negotiation of twenty-two contracts to implement legal, tax and commercial objectives of the joint venture, including manufacturing, distribution and license agreements. Formation of the French joint venture vehicle.
  • Preparation of a joint venture agreement between a U. S. company and a French entity to organize the joint development of an interactive telephonic game for the European market.
  • Coordination among engineers and in-house counsel of six European subsidiaries of a multinational corporation to create a European holding company for the purpose of entering into a joint venture agreement with a U. S. listed company for the use of radio-frequency communications in computer applications. Negotiation and drafting of joint venture and implementation agreements.
  • Negotiation and drafting of an agreement to form a joint subsidiary as well as related project implementation agreements.
  • Legal opinion prepared for a French Government Ministry concerning transnational transmission of computerized information by satellite, involving consideration of applicable law, rules concerning ownership and security interests, as well as taxation and contract law.
  • Review and redrafting of a standard contract for the purchase and use of computer hardware and software in the medical field for the French subsidiary of a multinational American computer firm.
  • Review and amendments to a software license agreement on behalf of a French alcoholic beverages company.
  • Preparation of a commercial distribution agreement in the chemical field between an American software company and a French company for the distribution of software.
  • Preparation of an R & D contract between a French national transport company and an American corporation, in connection with the creation of a joint subsidiary.
  • Audit of contracts for the sale of software and assistance in the negotiation of such contracts, for the benefit of the company creating the software
  • Assistance to a company belonging to a large industrial group in the field of civil and military aviation, relating to its intellectual property rights in aircraft operating and maintenance manuals used by purchasers of the aircraft, which it puts on CD-ROMs and online, and which it generates on the basis of information communicated to it by the aircraft manufacturer.
  • Assistance to a company belonging to a large industrial group in the field of automobile parts, within the framework of a legal procedure brought against it as a user of allegedly pirated software specially developed for its own needs.