Intellectual Property (IP) refers to the set of exclusive rights granted to protect creations of the mind. Whether for technical inventions (patents), distinctive signs (trademarks, trade names), creative works (copyright), or ornamental designs (industrial designs), IP plays a strategic role for businesses and innovators. Indeed, these exclusive rights make it possible to safeguard and monetize intangible assets, often critical to an organization’s competitiveness and reputation.
For a specialized law firm, it is crucial to understand the broad array of legal and technical concepts related to intellectual property. This awareness not only secures innovations but also helps deploy effective strategies for leveraging one’s IP portfolio. A company that understands the applicable regulations can license its IP, sell titles, or even raise funds by relying on the strength of its intangible assets.
This glossary is intended for professionals (attorneys, engineers, marketing managers) as well as creators and entrepreneurs who want a clear, reliable knowledge base. Each definition aims to be accessible while retaining legal rigor. You will find references to French, European, and international practice. Organized alphabetically from A to Z, this document provides quick access to the essential terms and clarifies key issues in the field of IP.
A legal proceeding aiming to invalidate an IP title (e.g., trademark, patent, design registration) on grounds such as lack of distinctiveness, novelty, or other statutory requirements.
An irreversible process that removes all personally identifying elements from data, making it impossible to re-identify an individual. Anonymized data typically falls outside strict data-protection rules.
A contract in which one party (the assignor) transfers its IP rights (e.g., trademark, copyright, industrial design) to another party (the assignee), often subject to official recording to bind third parties.
A moral right guaranteeing that an author or creator is credited by name for their work. While strongly recognized in some jurisdictions, its scope in U.S. law (e.g., VARA for visual artists) is more limited than in others.
A domain-registration service allowing a party to reserve a domain name immediately when it becomes available, often targeting expired or soon-to-expire domains. May lead to conflicts if the domain relates to a known trademark.
The practice of gathering, analyzing, and extracting insights from extremely large and diverse data sets (e.g., from social media, sensors). IP concerns include the ownership of underlying data, database rights, and privacy compliance.
A decentralized ledger technology enabling secure, tamper-evident record-keeping without a central authority. In IP, it can verify authorship dates, implement smart contracts for automated royalty payments, or certify authenticity (NFTs).
The unauthorized hijacking of a brand’s identity—often online—to mislead consumers or profit from the brand’s reputation. Likely actionable as trademark infringement or unfair competition.
Broadly refers to an enterprise’s commercial activities. IP plays a key role in securing competitive advantage, supporting licensing deals, and informing investment or M&A decisions.
A trademark indicating that goods or services meet specific standards (quality, origin, production method). Its use is regulated by a certifying body rather than the mark holder itself.
A lawsuit brought by a party asserting it is the rightful owner of an IP right that has been registered or recorded in another’s name. The plaintiff must prove legitimate prior entitlement.
A U.S. federal law compelling American-based cloud service providers to produce data in response to lawful requests, even if that data is stored on servers outside the United States.
An on-demand model for computing resources (storage, software) provided remotely over the internet. Liability or IP issues arise if stored content infringes third-party rights or if data privacy laws are breached.
An entity authorized to collect and distribute royalties on behalf of multiple creators or rights holders (e.g., ASCAP, BMI). It simplifies widespread licensing of music or other copyrighted materials.
A trademark owned by an association, syndicate, or other group, used by its members under set rules to ensure uniform standards or authenticity.
A system through which creators entrust an organization to license and enforce certain IP rights collectively (e.g., performance royalties), simplifying negotiations and royalties distribution.
A likelihood that consumers mistake one party’s goods or services for those of another due to similar marks or trade dress. Central to establishing trademark infringement.
Freely given, specific, informed permission required for data processing (under privacy laws) or use of a creative work (in copyright contexts). Can usually be revoked at will.
A contract among multiple parties (e.g., companies, research centers) collaborating on a project. It specifies the handling of joint results, cost contributions, and IP ownership or licensing.
A small text file stored on a user’s device by a website to remember login status, preferences, or track user behavior. E-privacy regulations often require clear notice or consent.
A set timeframe halting certain legal or administrative processes (like trademark opposition) to allow negotiation and potential settlement before further litigation.
A suite of open licenses offering different permissions and restrictions (e.g., non-commercial, share-alike). Authors can flexibly share works while retaining some rights.
A blockchain-based organization operating via smart contracts, with no centralized leadership. In IP, DAOs may collectively manage licensing rights or distribute royalties.
The person or entity determining why and how personal data is processed. Data controllers bear primary responsibility for compliance with data protection regulations (like GDPR or U.S. state laws).
Any operation performed on personal data (collection, storage, use, disclosure, deletion). Often governed by privacy rules, such as the GDPR or the CCPA.
Automated extraction and analysis of content (websites, databases, documents) to identify patterns or train algorithms. Legal implications include copyright in source data and lawful access to the sites or databases.
The cross-border movement of personal data, which may require specific safeguards (e.g., standard contractual clauses) under data-privacy regulations if transferred outside certain jurisdictions.
A formal risk assessment for new or significantly changed personal-data processing, identifying and mitigating possible privacy or security issues.
AI-generated media that realistically alters someone’s likeness or voice. IP concerns can arise if original works are reused without permission, while broader issues include privacy, defamation, or misinformation.
A legal action by which a party seeks a court declaration that its activities do not violate another’s IP rights, providing clarity and reducing litigation risk.
A lawsuit against unauthorized copying or imitation of a protected industrial design, focusing on whether the accused design yields a substantially similar overall impression.
Techniques for collecting, preserving, and examining digital evidence (emails, logs, files) in support of IP infringement cases or broader legal disputes.
A website address (e.g., example.com). Registering a domain doesn’t automatically grant trademark rights, so domain disputes may arise if it conflicts with existing marks.
An accredited company managing domain name registrations, renewals, and transfers (e.g., GoDaddy, Namecheap). Some also offer privacy services and locking features.
A practice of registering domains temporarily (usually within a grace period) to test traffic or monetization potential, then cancelling if unprofitable. May be abused for spamming or cybersquatting.
A method validating the signer’s identity and the authenticity of a digital document (e.g., eIDAS in the EU, ESIGN in the U.S.). It can hold legal equivalence to handwritten signatures if properly executed.
Cutting-edge fields (AI, blockchain, IoT, metaverse) that create new IP challenges and demand updated regulatory or contractual solutions.
Converting data into an unreadable form except for those with a decryption key. Commonly used to protect confidential IP information or sensitive data in transit or at rest.
An EU body ensuring consistent application of the GDPR across member states, issuing guidelines and resolving cross-border data protection disputes.
Any formal process—like a notarized affidavit or official witness statement—used to gather proof of IP violations, priority dates, or contract breaches.
Once an IP holder or authorized party places a product on the market, the holder generally cannot control further resale within the relevant region (e.g., the EU single market).
A trademark so widely recognized by the public that it receives broader protection against dilution or tarnishment, even beyond similar goods or services.
A contract in which a franchisor grants a franchisee the right to operate under its brand or system. The franchisee typically pays fees or royalties and agrees to comply with brand standards, including any related IP usage rules.
An analysis determining whether a planned product or process would likely infringe existing patents or IP rights. Minimizing infringement risk is key before product launch.
Technology that pinpoints a device’s or user’s location. Subject to data privacy laws, especially if used for employee monitoring or personalized marketing.
Machine-learning systems capable of producing new content (text, images, music) from trained models. Raises questions about originality, copyright in generated outputs, and usage of training data.
An obligation to use a trademark commercially within a specific period (often five years) to maintain registration and avoid cancellation for non-use.
A license provision requiring a licensee to grant the licensor a license to any improvements derived from the original licensed technology or invention.
A service storing or hosting third-party content (web pages, user-generated content) on its servers. Under certain safe harbor rules, its liability is limited if it promptly removes infringing content upon notice.
A global nonprofit managing the domain name system (DNS), IP address allocations, and dispute resolution for generic top-level domains (e.g., UDRP for .com).
A patent criterion requiring that an invention be usable in some practical or industrial context. Also referred to as “usefulness” or “utility.”
Individuals or social media personalities with large followings who can shape consumer behavior. They must respect advertising laws, IP rights (e.g., copyrighted music, trademark usage), and often disclose sponsored content.
A conceptual individual in design law assumed to have knowledge of the relevant sector, used to judge whether a design’s overall impression differs from earlier designs.
A lawsuit filed by an IP holder against a suspected infringer, claiming unauthorized use or imitation of a protected right. Remedies may include damages, injunctions, or orders to destroy infringing goods.
The introduction of a significantly new or improved product, process, or service. IP may protect the invention (patent), brand (trademark), or underlying creativity (copyright).
A unique numeric identifier assigned to devices on a network. It can help locate alleged infringers or trace unauthorized online content distribution.
A single work created collaboratively by two or more authors who share ownership. Exploitation typically requires mutual agreement or a written contract specifying each coauthor’s rights.
A defense whereby an infringer argues the IP owner delayed too long in asserting rights, knowingly tolerating the use, thus forfeiting certain enforcement claims.
Mandatory disclosures on a website or application (ownership, contact details, disclaimers) that clarify liability, data processing, and user rights.
Technological tools or platforms assisting in legal tasks (contract generation, litigation analytics, e-discovery). In IP, may include automated trademark searches, online filing systems, or AI-based prior art checks.
A contract where the IP owner grants another party permission to use or exploit a right (patent, trademark, copyright, design) under terms like royalties, territory, and duration.
A branch of IP law focusing on copyrights and related (“neighboring”) rights for works of authorship (literature, music, art, software, etc.).
A graphic symbol representing a brand or business. Can be protected by trademark (distinctive device mark) and possibly by copyright if sufficiently original.
An international mechanism administered by WIPO enabling centralized filing and management of trademarks across multiple participating countries via a single application.
A virtual 3D environment where users interact via avatars and may buy digital assets (virtual real estate, wearables). IP issues involve protecting brands, designs, or copyrighted content in these online realms.
Non-transferable rights protecting an author’s personal bond with their work, including the rights of attribution and integrity. Some moral rights (like attribution) exist in the U.S. for visual arts (VARA), though more limited than in many other jurisdictions.
A governmental body (USPTO in the U.S.) that grants patents, registers trademarks, and records industrial designs. Each office follows national procedures despite global treaties.
A unique cryptographic token stored on a blockchain, representing ownership or authenticity of a specific digital or physical asset. Copyright to the underlying work typically remains separate unless explicitly transferred.
A contract prohibiting parties from disclosing proprietary or confidential information. Common in preliminary negotiations for research, licensing, or M&A.
A model of software distribution granting free access to source code under licenses like the GPL or MIT. Redistribution and modifications are allowed, subject to certain conditions (e.g., copyleft).
A principle in design law assessing whether a new design creates a distinctly different visual effect from preexisting designs in the eyes of an “informed user.”
Placing a temporary or placeholder webpage on an inactive or newly registered domain. It may contain ads or simply indicate the domain is for sale.
A legal right granting exclusive control over an invention that is novel, non-obvious, and useful (industrial applicability) for a limited time (often 20 years), in exchange for public disclosure of the invention.
A contract transferring ownership of a patent from the original holder to another party. Recording the transfer is often required to enforce it against third parties.
An arrangement defining the rights and responsibilities of two or more parties sharing a patent. It typically covers exploitation rights, cost sharing, and revenue allocations.
A lawsuit brought by the patent owner alleging that a product or process infringes the patented claims. Remedies can include damages and injunctive relief.
A license giving a third party the right to use a patented invention for specified purposes, often in exchange for royalties. May be exclusive or non-exclusive.
A shared arrangement where multiple patent holders aggregate their patents to offer collective licensing, reducing the risk and complexity of cross-licensing disputes.
A pejorative term for an entity acquiring patents predominantly to assert them against alleged infringers (via lawsuits or licensing demands), rather than to develop or commercialize the invention.
A global patent filing system managed by WIPO, allowing a single international application that eventually enters national phases in chosen member countries.
Individuals (actors, musicians, dancers) who perform works. They may hold neighboring rights granting moral and/or financial entitlements (e.g., performance fees).
A fraudulent scheme tricking individuals into disclosing sensitive data (passwords, payment info) by posing as a trustworthy entity (fake websites, emails).
A blend of physical and digital user experiences (e.g., in-store augmented reality). Triggers IP concerns regarding software, brand identity, or design elements bridging the physical/virtual realms.
A procedure in certain countries (notably China) that can suspend a patent application due to overlapping disputes, often used strategically in patent conflicts.
Copying or closely imitating another’s protected work and presenting it as one’s own. Under U.S. law, it typically constitutes copyright infringement if originality criteria are met.
A specialized IP right recognizing exclusive control over a new, distinct, uniform, and stable plant variety. Often governed by treaties like UPOV or national laws.
A data subject’s entitlement (e.g., under the GDPR) to obtain and reuse personal data they have provided, in a commonly used machine-readable format.
A court order preventing an alleged infringer from continuing specific activities during ongoing litigation, to avert irreparable harm before the final ruling.
A defense allowing someone who used an invention privately before another’s patent filing to maintain that use without liability for infringement, generally on a non-commercial or personal scale.
Embedding data protection requirements from the earliest stages of a system’s or product’s design, ensuring compliance and reducing risks of breaches.
Evidence demonstrating that a trademark is genuinely used in commerce (e.g., advertisements, invoices). Often required in non-use cancellation proceedings.
(No entries in this glossary.)
A mandatory register (under certain privacy laws like GDPR) documenting details of each data processing activity: purpose, categories of data, legal basis, retention, security measures.
When an IP office denies a patent, trademark, or design application for failing statutory requirements (lack of novelty, distinctiveness, or clarity). Applicants may appeal or amend.
An accredited domain name provider handling registration, renewal, and transfer. May also offer private registration or domain lock features for security.
A right recognized in certain jurisdictions, allowing creators of original artworks to receive a portion of proceeds from subsequent sales. Not widely implemented in U.S. law.
Under data protection regulations, an individual’s ability to block or limit the processing of personal data, for instance while a dispute over accuracy or lawfulness is pending.
A principle obliging data controllers to inform individuals about how their personal data is processed (purpose, legal basis, retention). In IP contexts, similarly denotes a duty to disclose relevant facts to licensees or other stakeholders.
“Software as a Service,” where users access an application over the internet. The provider typically retains software IP rights, while end users license functionality via subscriptions.
A sui generis right protecting the 3D structure of integrated circuits (masks, layers). Unauthorized copying or importation of the circuit layout can constitute infringement.
An entity responsible for offering an online service or platform, potentially liable under relevant laws for hosted content or data processing if not protected by safe harbors.
A brief, memorable phrase used in branding or advertising. Registrable as a trademark if it meets distinctiveness requirements.
A self-executing program on a blockchain that automatically enforces agreement terms once predetermined conditions are met. Often used for royalty distributions or NFT transactions.
Online platforms (e.g., Facebook, Twitter) enabling content sharing and interaction. IP disputes commonly arise from unauthorized content uploads, brand impersonation, or influencer marketing.
Masquerading as a legitimate identity or email address to deceive recipients, often used in phishing or domain hijacking attempts.
A recognized technical specification. If a patent is essential to implementing that standard, it becomes a Standard Essential Patent, typically requiring FRAND licensing.
Provisions establishing rights and obligations between a seller and buyer (e.g., pricing, warranties, IP licenses). Often posted online or included in supply contracts.
Rules specified by an online service or platform regarding user behavior, IP ownership, liability, and content removal policies (like DMCA takedowns).
A potential medical or health-related use of an invention. If novel and non-obvious, it may be patentable. Regulatory exclusivities can extend market protection.
Transforming a real or intangible asset into digital tokens on a blockchain, streamlining transfers and traceability. Often used in NFT contexts.
A distinctive sign (name, logo, slogan, shape) identifying a product or service’s origin. Registrable with IP offices (e.g., USPTO) and renewable (often every 10 years).
A lawsuit claiming unauthorized use of a mark identical or confusingly similar to a registered trademark, causing likely consumer confusion.
Refers to legislative changes (in certain regions, notably Europe) updating trademark law. Common reforms include broadened definitions of registrable marks or streamlined opposition procedures.
The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights, mandating minimum standards for IP protection and enforcement among member countries.
Uniform Domain-Name Dispute-Resolution Policy, an ICANN-governed procedure to handle domain name disputes over generic top-level domains (.com, .net), typically addressing cybersquatting.
A specialized court system (predominantly in Europe) for litigating Unitary Patents and European patents, aiming for uniform judgments on infringement and validity.
Actions (e.g., imitation, deception, free-riding) that harm fair competition, regulated by laws preventing misappropriation of another’s business value or reputation.
Short-term protection (in regions like the EU) for novel designs automatically upon public disclosure, commonly leveraged in fast-paced sectors like fashion. Provides defensive rights for a limited period.
The United States Patent and Trademark Office, responsible for examining and registering trademarks, granting patents, and maintaining public records on these rights.
A service routing a user’s internet traffic through an encrypted tunnel, protecting privacy and masking the true IP address. Often used for secure remote access or circumventing geoblocking.
A proposed future version of the internet emphasizing decentralization (blockchain), user data sovereignty, and tokenized ecosystems (e.g., NFTs). Raises new IP and regulatory questions.
A public database revealing domain name registration details (registrant name, contact info). Useful for investigating cybersquatting or IP infringement online.
La propriété intellectuelle constitue un enjeu majeur pour les entreprises, les créateurs et les innovateurs. Les différentes notions présentées dans ce lexique illustrent la diversité des mécanismes de protection et de valorisation disponibles. Qu’il s’agisse de garantir l’exclusivité d’une invention via un brevet, d’asseoir la réputation de vos produits par une marque distinctive ou de préserver votre savoir-faire confidentiel, chaque actif immatériel doit être géré avec soin.
Cet inventaire alphabétique vous offre une vue d’ensemble des principaux termes juridiques et techniques relatifs à la propriété intellectuelle. Pour aller plus loin, vous pouvez effectuer des recherches d’antériorité, entamer des démarches de dépôt ou solliciter un accompagnement personnalisé auprès d’experts, tels que des avocats spécialisés ou des conseils en propriété industrielle. De plus, la veille stratégique, la surveillance des concurrents et l’actualisation régulière de vos titres vous aideront à maximiser la valeur de votre portefeuille PI et à prévenir les litiges.
Enfin, rappeler que la France, au travers de l’INPI, et l’Union européenne, via l’EUIPO et l’OEB, proposent divers outils et services facilitant l’accès à l’information et la réalisation des démarches. L’Organisation mondiale de la propriété intellectuelle (OMPI) coordonne pour sa part les procédures internationales, comme le PCT pour les brevets ou le système de Madrid pour les marques. En tirant profit de ces ressources, les entreprises renforcent leur compétitivité, consolident leur position sur le marché et garantissent la reconnaissance et la valorisation de leurs innovations.
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