We are therefore actually more and more asked

October 19, 2011 12:00 AM
We are therefore actually more and more asked
Eric Schahl, co-founder of the cabinet of Council owned industrial "Inlex IP Expertise".

How to protect his concept at the time to develop network In the same way that a lawyer specialised in franchise and that a public accountant, advice on industrial property are part of the specialists to whom any franchisor should be used before going into network. Our goal is to search by an individualized approach to achieve a result of protection on the concept. Thus, with the contractor, we identify its concept and identifies the IDs and differentiating elements (logo, brand, slogan, know-how, etc.) which will set the client. The most important is to define what is the essence of the concept include its "bias" and developed know-how in place. Then, we put legal markers that either in the form of deposits of securities (trademarks, models) but also using other mechanisms, whether contractual, communication or even of simple "tricks". We try to anticipate the situations to which the holder of a network could face that ce is on the part of a parasitic competitor or a member of the network that would out in an attempt to retain certain essential elements.

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What tools to protect this concept throughout the life of the network Protection efforts we put in place are nothing if they are not followed and relayed over time. Thus, on the eve legal, marketing and trade is essential: in the development of the network, it is important to make a "review" of the competition to see how it evolves. With the explosion of the Internet, computer monitoring becomes paramount and if search engines can sell the mark of a head of network to competitors, it also has the means to respond. Moreover, the concept of a franchisor might need to evolve during the replication, which requires the establishment of new legal markers. Finally, franchisors should contact their network on the way they protect the concept. Is not yet the case in all networks while it is sometimes the success of a franchise, often subject to harsh competition!

Who is protected a concept There are two main targets. On the one hand, a competitor that copies the concept or builds. The franchisor may then attack him on the basis of its copyrights including but experience has shown that most of the time judges fail to recognize - because they do the not - pursue originality in the creation and against the complainant. The plagiarized designer thus has rather interest to base its action on the unfair competition which aims to punish unscrupulous and behaviours to punish a breach of a right. On the other hand, the franchisor must protect its concept against the ex-members of the network who know all the intricacies. It is essential to anticipate this situation: generally, most franchisors offer a contract while fait except annex, which shall comprise the essential elements of the concept that the ex-franchisé must meet.

Is it mandatory to appeal to a Board in industrial property We are a bit like a dentist's Office. Free to the franchisor of not y aller but in this case, it will have to stop smiling! More seriously, it is in its interest to anticipate situations before being confronted and build solutions. It is clear that more and more signs to think about the protection of their concept. This is probably due to the fact that more it is difficult to stand out from the competition, more sought to protect its differences or, at a minimum, to curb commercial parasitism. We are therefore actually more and more asked.