Firm Profile > Cabinet Beau de Loménie > Paris, France
Cabinet Beau de Loménie Offices
158 RUE DE L'UNIVERSITÉ
75340 PARIS CEDEX 07
Cabinet Beau de Loménie > The Legal 500 Rankings
Cabinet Beau de Loménie impresses with a strong domestic and European filing practice, both in patents and trade marks. The practice covers the full spectrum of IP advice, from the development and implementation of portfolio strategies to assistance in litigation, and attracts renowned international players alongside well-known French companies as clients, not least thanks to its polyglot team, which is able to offer all of the official European Patent Office languages as well as Chinese and Japanese speakers. The group's experience in representing clients before Europe's most significant intellectual property offices is another clear asset, as is the firm's international network of trusted partner firms. With BDL-IP Access and BDL-IP Safe the practice offers its clients a portfolio management tool and an online timestamp and archiving tool. The six contacts in charge of the practice are patent attorneys: Didier Intès (head of the mechanics group), Aurélia Marie (leader of the trade marks, designs, domain names and copyright practice), François Delumeau (IT, electronics and digital technologies practice head), Pierre-Louis Désormière (who is in charge of the material technology, instruments and electrotechnics group), litigation expert and head of the Lille office Pierre Balesta, and Philippe Hubert (head of chemistry, pharmacy, biology and plant varieties). In addition to the offices in Paris, Lille, Lyon and Marseille the firm also has two German offices, in Duisburg and Munich, as well one in Birmingham, UK.
Cabinet Beau de Loménie > Firm Profile
The firm: Established in 1930, Beau de Loménie is a pan-European IP firm with offices in the main French business centres (Paris, Lille, Lyon, Marseille), as well as in Germany (Munich and Duisburg) and a branch in the United Kingdom (Birmingham).
Beau de Loménie employs approximately 200 people who are entirely dedicated to IP, including about 70 lawyers and engineers, led by seven partners. The firm’s teams are made up of professionals with a high level of legal and technical education, including a large number of engineers trained in a broad range of technical fields and industrial sectors.
Beau de Loménie advises a highly diversified clientele, from innovative start-ups to listed companies and international groups (in Asia, Europe and North America). The firm generates 40% of its turnover from non-French clients. Clients include some of the major players in a variety of sectors and industries (aeronautics, aerospace, electronics, chemistry, automotive, luxury goods, sporting goods, entertainment, marketing, telecommunications, cosmetics, pharmaceuticals, energy, biology and biotechnology).
Over the years, Beau de Loménie has developed a very large network of dedicated correspondent firms across the world, from Europe to Asia and America.
Areas of practice: Beau de Loménie offers a full range of services that cover the entire spectrum of IP: patents, trade marks, registered designs, knowhow, competition law, copyright, domain names, trade names, software protection, protecting semiconductor topographies and plant variety rights.
The firm’s patent department specialises in patent drafting and prosecution. Beau de Loménie has experts in all fields of science and industry, including mechanics, chemistry, electronics, biology and biotechnologies, physics, telecoms and IT, material technology, instruments and electrotechnics. The department also handles patent litigation and arbitration.
The firm’s trade mark department handles the registration of trade marks, domain names and designs/copyright in Europe and abroad. The team also provides IP protection strategy counselling, availability searches, audits, prosecution, and handles oppositions and contracts, mediation and ADR procedures, pre-litigation and litigation work, and all related matters.
Beau de Loménie represents its clients before the French Patent Office (INPI), the European Patent Office (EPO), the Austrian Patent Office (ÖPA), the Benelux Patent Office (BOIP), the British Patent Office (UKPTO), the German Patent and Trademark Office (DPMA), the World Intellectual Property Organisation (WIPO) and the European Union Intellectual Property Office (EUIPO).
|Patents - Chemistry, Pharmaceuticals, Biology and Biotechnology - IP litigation; Contract & licensing; IP auditing||Philippe Hubertemail@example.com||+33 (0)1 44 18 89 00|
|Patents - Mechanics and Physics - IP litigation; Contract & licensing; IP auditing||Didier Intèsfirstname.lastname@example.org||+33 (0)1 44 18 89 00|
|Trade marks, domain names, Designs/copyright - IP arbitration and mediation; IP litigation; Contract & licensing; IP auditing; ADR procedures||Aurélia Marieemail@example.com||+33 (0)1 44 18 89 00|
|Patents - Material technology, Instruments and Electrotechnics - IP litigation; Contract & licensing; IP auditing||Pierre-Louis Désormièrefirstname.lastname@example.org||+33 (0)1 44 18 89 00|
|Patents - IT, Electronics and Digital Technologies - IP litigation; Contract & licensing; IP auditing||François Delumeauemail@example.com||+33 (0)1 44 18 89 00|
|Patents - Mechanics and Physics - IP litigation; Contract & licensing; IP auditing||Pierre Balestafirstname.lastname@example.org||+33 (0)1 44 18 89 00|
|Trade marks, domain names, Designs/copyright - IP arbitration and mediation; IP litigation; Contract & licensing; IP auditing; ADR procedures||Emmanuelle Machinetemail@example.com||+33 (0)1 44 18 89 00|
|Mr Pierre BALESTA||Partner – Lille Office Manager.||View Profile|
|François DELUMEAU||Partner.||View Profile|
|Mr Pierre-Louis DESORMIERE||Partner.||View Profile|
|Mr Philippe HUBERT||Partner.||View Profile|
|Mr Didier INTES||Partner.||View Profile|
|Aurélia MARIE||Partner.||View Profile|
|Mme Emmanuelle Machinet||Partner||View Profile|
Staff FiguresNumber of IP attorneys : 70
LanguagesChinese English French German Japanese Spanish
MembershipsCNCPI FICPI ACPI EPI LES INTA ABA AIPPI ECTA AIPLA APRAM GRUR PAK PTMG Chartered Institute of Patent Attorneys (CIPA)
OtherOther offices : Birmingham Other offices : Duisburg Other offices : Lille Other offices : Lyon Other offices : Marseille Other offices : Munich
Counterfeiting and Appropriation Art… or the Balance between Artistic Movements, Free Artistic Expression and Copyright Law30th March 2021
On 23 February(1) the Paris Court of Appeal upheld the decision of the High Court of Paris of 8 November 2018 condemning the American visual artist, the highly-rated Jeff Koons, and the Centre Pompidou in Paris for infringing a Naf-Naf advertising campaign dating from 1985. This is not the first time that the artist has been penalized in France and abroad. Thus in December 2019(2) , the Paris Court of Appeal had already handed down a decision for counterfeiting the photograph “Enfants”, the work of the photographer Jean-François Bauret, and previously, in the early 1990s, it was in the United States that he was censured for plagiarism by his sculpture « Strings of Puppies »(3) .
30th March 2021
On March 10, 2021, the EPO’s Enlarged Board of Appeal issued its long-awaited decision in case G1/19 relating to the patentability at the EPO of computer-implemented simulations.
30th January 2021 Watch the video below:
30th January 2021 Beau de Loménie is pleased to announce the nomination of Emmanuelle MACHINET as a Partner, as of January 1st, 2021.
Legal Developments4th August 2021 Last November the expressions “Linge Basque”, “Absolue Pays de Grasse” and “Pierre d’Arudy” joined the small family of Geographical Indications for Industrial and Handicraft Products or IGPIA. To date 12 Geographical Indications have been approved by the INPI. There are, however, two new applications for registration: “couteau de Laguiole” (Laguiole Knife) and “poteries d’Alsace” (Alsatian pottery) for which public inquiries for the registration of geographical indications have just been opened.
4th August 2021 The symbols ® ™ © or mentions such as “Trade mark”, “Registered design” are often used in business life, affixed to a logo, attached to a slogan, mentioned on a product or inserted in a graphic charter.
There is no text in French law that provides for or regulates the use of these symbols or terms, which are well known to everyone. Article 5 of the Paris Convention for the Protection of Industrial Property even provides that ” no indication or mention of the patent, of the utility model, of the registration of the trademark, or of the deposit of the industrial design, shall be required upon the goods as a condition of recognition of the right to protection ».
These symbols, of Anglo-American origin (1), are therefore of no legal value in France.
The recognition of an intellectual or industrial property right does not in any way result from the apposition of one of these symbols or mentions.
When affixed to the sign, they therefore have only an informative value in France. It is even recommended to use them only with caution. Adding these symbols to signs that have never been or that are not yet registered may, indeed, be considered as deceptive, and may characterise unfair competition and thus be condemned by the courts.
In a decision of 15 April 2021 (DC 20-0039) dealing with an application for revocation for non-use, the French National Institute of Industrial Property (INPI) nevertheless introduced a few nuances to this classic position, with regard to trade marks.
In this case, the revocation of the trade mark « L’ANE EN CULOTTE » was pursued for lack of valid use, the plaintiff in the case arguing that « the word element « L’ANE EN CULOTTE » has never been used as a trade mark but only to describe a product or service related to a donkey in underpants »
The INPI replies that « the applicant cannot argue that the sign « L’ANE EN CULOTTE » « will not be perceived by the consumer as a trade mark » for certain products. Indeed, not only is this sign affixed to the label of these products, but it is also followed by the ® symbol. Even though this symbol has no legal value in France, it is easily understood by the French public as an indication that the sign is protected as a trade mark and thereby identifies the commercial origin of the products on which it is affixed ».
Thus, the affixing of this symbol or the mention “registered trade mark”, beyond the information it provides, is nowadays of direct use in France in that it facilitates the proof of the use of a sign as a trade mark. It is therefore recommended to indicate them on any document or medium reproducing the registered trade mark.
And what about abroad?
The symbol © which means Copyright follows the same logic as the symbols ® and ™
It is part of the system of protection of literary and artistic works in certain countries, notably the U.S.A., a system that differs from the one used in French law since it requires a registration of the work in a Copyright register
Its use does not have any legal standing in France and is only recommended in common law countries. The same applies to the terms « Patented », « Breveté » or « Registered Design ».
One should recall that, once again, the use of such a mention in a false manner may be sanctioned. Thus, the Paris Court of Appeal in its decision of 11 June 2019 (2) has once more ruled that the fact of improperly claiming a patent status was likely to constitute a criminal offence. In addition, the Court decided that « marketing light fittings with electrical connection boxes very similar in shape to those manufactured and marketed by MOULAGES PLASTIQUES DU MIDI and bearing expressions (‘PATENTED’, ‘VDE’) suggesting that these boxes, like those of the appellant, are patented or certified », or even that they are products of this other company, « was likely to bring about a risk of confusion as to the origin of the products in question for consumers or professionals installing the light fittings in customers’ homes » and constituted acts of unfair competition.
So although these terms are useful, as the INPI decision shows, their use must remain within a framework of truth and moderation.
(1) The TM symbol was first introduced in the United States in the Trademark Act of 1946
(2) Paris Court of Appeal, Pole 5 – Ch. 1, 11 June 2019, n° 17/04525
4th August 2021 Misfortune continues for the famous British street artist Banksy. Since September 2020, in a succession of decisions, the EUIPO (the European Union Intellectual Property Office) has so far invalidated six trade marks made up of reproductions of Banksy’s iconic works that had been registered by Pest Control Office Limited, a company set up to represent Banksy’s interests while preserving his anonymity:
18th June 2021 On 24 March 2021 the European General Court (EGC) overturned the 10 April 2019 decision of the Board of Appeal of the European Union Intellectual Property Office (EUIPO) invalidating a design for one of the blocks of the famous Lego building set.
18th June 2021 In its decision of 21 January 2021, the French Administrative Supreme Court (Conseil d’Etat) gave three months to the Minister of Justice to issue an order setting out the date from which court rulings will be made available to the public. This has now been carried out with a slight delay with the publication of the order of 28 April 2021.
5th May 2021 In its decision of 21 January 2021, the French Administrative Supreme Court (Conseil d’Etat) gave three months to the Minister of Justice to issue an order setting out the date from which court rulings will be made available to the public. This has now been carried out with a slight delay with the publication of the order of 28 April 2021.
At the present time only an extremely small percentage of the rulings handed down by French courts are made available to the public free of charge in electronic format. Indeed “less than 1% of first instance and appeal decisions are available on the Legifrance website. The other decisions are sold to various subscribers, among them private companies specialised in legal publications”(1) . A few numbers enable one to have an idea of the volume of court rulings handed down in France according to the type of legal dispute, and to realise the work that still has to be carried out to complete what was referred to as “a mammoth task” by Jean-Jacques Urvoas when he was Minister of Justice. In 2019, not less than 2 250 217 court rulings were issued in civil and commercial cases, 812 249 in criminal cases and 267 809 in administrative cases(2). Less than 15 000 court decisions, essentially ones handed down by the French Civil Supreme Court (Cour de Cassation), are made available online each year by Légifrance, a French public service providing access to legal texts including laws and rules in force. The goal is now to distribute more than 3 million decisions per year(3).The task of making available to the public court rulings in civil cases will be spread out over several years: Certain decisions handed down by the courts « concerning legal disputes which are of general public interest » will however be made available to the public prior to the target dates indicated in this general plan, although for the present time no order has been issued setting forth any specific calendar in this respect nor a list of the decisions concerned.
According to the timeframe provided by the government starting from the fourth quarter of 2025, a decision of a Paris court will be made available online free of charge on a dedicated website 6 months after the decision. If it is indeed « tomorrow » that all of the decisions of the Cour de cassation and the Conseil d’Etat will be made available, a certain degree of patience will be necessary concerning first instance decisions which are of particular importance in the study of intellectual property.
(1) Further details provided by Senator Evelyne Didier in the framework of the parliamentary debates in April 2016 on a draft bill concerning a Digital Republic
8th January 2021 The French patent office (FPO) and the Japanese patent office (JPO) have ratified a Patent Prosecution Highway (PPH) agreement. This agreement will be implemented in the framework of a Pilot Program conducted until the end of 2022. At that point, the Pilot Program may either be extended or confirmed.