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Bonjour,
Find enclosed some words in english on the new IP insurance
policy born January 1st, 2004 in France.
If you need more information don't hesitate to ask
me.
Regards,
_______________
Jean-Bernard Condat
AON PI Solution
(assurance des titres de la propriété industrielle)
B.P. 59, 93402 Saint-Ouen Cedex, France
tél.: +33
140102644
fax: +33 173728628
GSM: +33 607238628
condat@chrystol.com
*******
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N. 12, Dec.2003
-Jan. 2004 |
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The intellectual property right insurance
policy
Jean-Bernard
Condat
AON PI
Solution
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1. The issues
associated with the initiative
Intellectual property
(hereafter referred to as IP) is the branch of law governing
the protection of intangible assets through titles granting
exclusive rights:
- patents (technical inventions);
- distinctive signs: trademarks (names, logos etc.);
- industrial models or designs (the form or appearance of
an industrial product);
- semi-conductor topographies;
- plant breeders' rights;
- geographical indications and appellations of origin.
In a broad sense, this branch of law also
covers industrial secrets and unfair competition.
In
principle, it is difficult to determine the direct
effectiveness of a patent, at least until the right is
infringed. In addition to providing the right holder with an
exclusive right to a technical invention, a patent also
constitutes a powerful deterrent as regards competitors.
Nonetheless, obtaining a patent does not absolutely guarantee
a monopoly over the exploitation of the invention. The patent
right holder must always be vigilant and monitor new patent
applications filed, the commercialisation of new technical
developments, etc. in order to detect any infringements and
protect his rights.
The position of a company holding
a large and homogenous patent portfolio in a given
technological sector will be stronger and as such the
associated investments will result more profitable. Even the
"weakest" patents within such a portfolio will have the same
deterrent effect as regards competitors, who will refrain from
investing time, energy and money in finding a way to enter the
technological sector dominated by the company which is the
patent portfolio right holder.
A patent represents a
medium-term investment, which is why there is an implicit
incertitude as regards its economic valuation from a ten to
twenty-year perspective. A patent is like "heavy industry": it
requires consistency and patience. However, as yet no
effective insurance policy exists covering intellectual
property rights.
Nevertheless, there are insurance
policies which are aimed at providing the insured party with
effective economic security, both in cases where third parties
infringe his intellectual property rights ("offensive"
insurance) and where the insured party is accused of having
infringed third party rights ("defensive" insurance).
2. The intellectual
property right insurance policy
We propose an
insurance policy for intellectual property rights which
fulfils both offensive and defensive functions. Under specific
conditions, this insurance policy covers the following items:
- Consultation fees for specialised IP lawyers, legal
representatives or agents;
- Domain name registration fees;
- The deposits required by court for the confiscation of
works infringing IP rights;
- Procedural fees before the INPI, EPO, OHIM, ECJ, a
judicial authority or a national, community or international
conciliation authrity.
This insurance policy
is liable to exclude the following points:
- Disputes associated with authors' rights or literary and
artistic property;
- Rights which have been obtained without the assistance
of a qualified representative or authorised lawyer;
- Rights for which the lawyer or representative has not
paid annual or renewal fees within the deadline;
- Acts of negligence which are the responsibility of the
lawyer, legal counsel, or representative (for example,
failing to respond to a request from the INPI/EPO/WIPO,
lapse of trademark rights for tolerating unauthorised
use).
The insured party should ask its IP lawyer or
representative to report incidents by filling out a form in
which the counsel indicates its capacity and authorisation to
act as an IP specialist, in order to prevent abuse of the
insurance claim procedure. For further information on
this intellectual property right insurance policy, please
contact Mr Jean-Bernard Condat at condat@chrystol.com. |
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