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Kimbrough & Associés

Paris, France

Intellectual Property

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

General Presentation

Kimbrough & amp; Associés has had an intellectual property practice since its inception, conscious of the growing importance of the personal and economic value that these rights represent for both individuals and professionals.

The Intellectual Property Team pays particular attention to clients' objectives and interests, whatever their field of activity and scope, and collaborates with them for the development of their projects, both nationally and internationally. The firm iprovides advice, negotiation of contracts and assistance in defending the rights of clients in litigation. It assists clients on specific, one-off or follow-up transactions by offering different and sometimes innovative solutions to defend their interests. It deals with various types of matters, ranging from trademark filing to assumption of the assignment of intellectual property rights in the context of international mergers and acquisitions (including drafting of contracts and completion of formalities for their implementation).

Our experience in intellectual property focuses on literary and artistic property, industrial property, such as designs, models, trademarks and patents, as well as media and new technologies. The firm conducts legal audits of intellectual property rights and analyzes, advises and prepares contractual documents such as assignments, licenses, distribution agreements, including reproduction, representation or communication rights, as well as clauses relating to intellectual property in any type of contract, such as settlement agreements, employment contracts, company bylaws, sale of business. The firm represents both natural persons and legal persons to obtain recognition and protection of their intellectual property rights and to defend their interests vis-à-vis rights holders.

The firm's practice includes service in the context of international telecom and network companies, software developers for specialized industrial applications, rights creation and management, database development, distribution on the web.

In particular, we handle issues relating to counterfeiting, unfair competition, image rights encompassing all activities related to artistic productions, including the negotiation and preparation of contracts for the transfer of rights, transactions, confidentiality agreements, contracts for the digitization of works of art, audits of copyright contracts and the ownership of rights, registration of contracts and creations at the international level.

In advertising, we represent clients in relation to marketing and advisory campaigns, including the transfer of the rights of creators, designers, performers and composers involved in advertising in various forms. The PI Team has also worked for advertisers in areas such as the transfer of rights for the use of a new logo, the name of a motor vehicle, the conclusion of an agreement with models and interpreters, and relating to advertising space.

In the entertainment industry, the IP team represents authors, interpreters, producers and rights holders, as well as trade unions and other professional organizations (advertising, theater, television, cinematographic adaptation rights ...). Which includes the legal protection of productions, collective management, adaptation contracts, registration of French and foreign trademarks.

In the publishing industry, the PI team has advised and assisted authors, authors 'heirs, publishers of journals or books, an authors' association with the delicate question of the nature of the interest to defend, in the context of advice, audit or litigation

In the field of visual arts, architecture, design or fashion, the PI team has advised and assisted authors, creators' heirs, creative companies, companies using or distributing works or models, in the context of advice, consultation, audit or litigation.

As far as trademarks are concerned, in addition to filing trademarks with the acquisition of intellectual property rights in connection with international mergers and acquisitions, the PI team assists clients in the context of infringement in judicial proceedings.

In the field of patents, the PI team intervenes in auditing patent portfolios, licensing agreements, disclosure of know-how, experimentation and industrial production and evaluation of patents With engineers.

We have an international network of correspondants and are thus able to provide our clients with a comprehensive handling of complex international matters.

The IP Team

Yves Gaubiac: Avocat at the Paris Bar. Doctor of State in Law (Paris II, 1980). Head of the Intellectual Property Team. He is one of the founders of Kimbrough &Associates. Before joining the firm, he worked for the Society of Authors, Composers and Music Publishers (SACEM), as Head of the Section of Mechanical Reproduction Rights within the Legal Department. He also served as a consultant in literary and artistic property law at the United Nations Educational, Scientific and Cultural Organization (UNESCO) and at the Paris Chamber of Commerce and Industry. In addition to his role as Partner of the Firm, Yves Gaubiac is the Editor-in-Chief of the International Journal of Copyright (RIDA), Secretary General of the International Literary and Artistic Association (ALAI) Université Panthéon-Assas, Paris 2 (DESS industrial property law). His practice covers both acting as counsel and litigator. He has published numerous articles, attesting to his authority in the matter. Languages: French and English.

Tristan Moreau: Avocat at Kimbrough & amp; Associés since 2003. He holds a Master's Degree in Communication Law and a DESS in Industrial Property Law from Paris II. Prior to joining the firm, he worked at the Conseil Supérieur de l'Audiovisuel (CSA), the Television, Media and Publicity Division of the Directorate of Media Development (DDM - Prime Minister's Office), and then in a firm Of Industrial Property Attorneys. He is also a graduate of the Institute of International Studies (IHEI) and the Institute of Comparative Law (IDC). Languages: French, English and Spanish.

Victor Nabhan, Of counsel, was a professor at the Faculty of Law at the University of Laval (Canada). He is specialized in intellectual property and negotiation with governments. He has national, international and comparative law experience in Canada, Europe and the Middle East. He has extensive knowledge of contract law, intellectual property law, consumer law, NAFTA and TRIPS. Victor Nabhan advised the Government of Lebanon and the Department of Justice of Canada; he has proven experience with governments in the Arab world, Canada and countries of the Mediterranean region, as well as in negotiations with the Commission of the European Union. He has advised the governments of Saudi Arabia, Bahrain, Djibouti, Egypt, the United Arab Emirates, Jordan, Lebanon, Mauritania, Qatar, Oman, Sudan, Syria, Tunisia and Yemen. He is a visiting professor of various universities in the world. Since 1996 Victor Nabhan has been President of the International Literary and Artistic Association (ALAI) (www.alai.org), an association whose efforts resulted in the signing of the Bern Convention in 1886. Victor Nabhan is the author of many books and articles.