Intellectual Property Laws at French Guiana (France)
French Guiana, as an overseas department of France, adheres to the French Intellectual Property Code (Code de la propriété intellectuelle), which governs various aspects of intellectual property (IP) law. This code encompasses regulations on patents, trademarks, copyrights, industrial designs, and more.
🧠 Key Provisions of the French Intellectual Property Code
1. Patents
Protection Duration:20 years from the filing date
Governing Law: Articles L611-1 to L613-1 of the French Intellectual Property Code
Application Process: Filed with the French National Institute of Industrial Property (INPI), which examines the novelty, inventive step, and industrial applicability of the invention
2. Trademarks
Protection Duration:10 years from the registration date, renewable indefinitely
Governing Law: Articles L711-1 to L717-1 of the French Intellectual Property Code
Application Process: Applications are filed with the INPI. The process includes a formal examination and an examination of distinctiveness, Multiple-class applications are possible. The application is published twice in the official Gazette: once for third-party opposition purposes and again after registration. The processing time from filing to registration or first office action is approximately 4 to 6 months
3. Copyright
Protection Duration: Lifetime of the author plus 70 years after their death
Governing Law: Books I and II of the French Intellectual Property Code
Application Process: Copyright protection is automatic upon creation Registration is not mandatory but can serve as evidence in case of disputes
4. Industrial Designs
Protection Duration:5 years from the filing date, renewable up to 25 years
Governing Law: Articles L511-1 to L513-1 of the French Intellectual Property Code
Application Process: Filed with the INPI, which examines the novelty and originality of the design
5. Utility Models
Protection Duration:10 years from the filing date
Governing Law: Articles L611-1 to L613-1 of the French Intellectual Property Code
Application Process: Filed with the INPI, which examines the novelty and industrial applicability of the model
🏛️ Administrative Authority
The National Institute of Industrial Property (INPI) is the central authority responsible for the registration and protection of intellectual property rights in France, including French Guiana.
🌍 International Treaties
France, and by extension French Guiana, is a member of several international intellectual property treaties, including:
*Paris Convention for the Protection of Industrial Property: Established in 1883, this treaty aims to provide a common framework for the protection of industrial property rights among its member countries.
*Berne Convention for the Protection of Literary and Artistic Works: Adopted in 1886, this convention ensures that works of authorship are protected in all member countries without the need for formal registration.
**Patent Cooperation Treaty (PCT)*: Facilitates the filing of patent applications internationally.
*Madrid Agreement and Protocol: Allows for the international registration of trademarks.
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