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coût, mais comme un investissement pour d’une part réduire le risque des outils juridiques et contractuels efficaces pour limiter de telles situa-
de perturbation de leur activité et d’autre part pour augmenter la valeur tions et transformer la propriété industrielle en valeur pour l’entreprise.
de l’entreprise. En effet, lors des cessions d’entreprises, il ressort que
70% à 90% de la valeur d’une entreprise repose uniquement sur ses En quoi la stratégie que vous proposez à Monaco est spécifique ?
actifs de PI (marques, brevets, base de données, etc.) Notre équipe associe de manière unique à Monaco des juristes et des
ingénieurs, tous spécialisés en Droit de la Propriété Industrielle. Nous
Est-ce que la contrefaçon occupe l’essentiel de votre activité de intervenons dans tous les pays du monde par le biais de notre réseau.
conseil ? Nos ingénieurs et docteurs en sciences couvrent tous les domaines
Heureusement non ! Notre activité consiste justement à mettre en place techniques et scientifiques.

Hautier IP: what intellectual property strategy should be

adopted to limit the risk of infringement?

In France alone, six million counterfeit products were seized in 2020. Marie-Clotilde Schies, head
of Hautier IP Monaco, industrial property attorney, explains how to protect your creations and
innovations.

What is meant by risk of infringement? with such situations. It’s all about anticipation! costs our customers much less than if they had
Any economic actor, whether a start-up, small Our activity consists in supporting companies in to initiate proceedings to put an end to acts
business or multinational, may one day be the implementation of a global strategy for the of infringement, or if they themselves had to
confronted with acts of infringement or be protection of their intellectual property, adapted modify their operations. We mainly work on a
guilty of such acts, sometimes without any to their needs and which takes into account the fixed price basis so that our customers have
bad intention on their part but more out of reality of the market. For example, in terms of perfect visibility of the costs to be incurred. To
ignorance or lack of support. This risk may trademarks, the first step consists in verifying get an idea, our fees for a trademark registration
concern a brand, a patent or a model and may whether or not the name or logo chosen risks in Monaco are a few hundred euros over 10
come from malicious companies but also from infringing the rights of a third party. There are years, or less than €5 per month! And for
your competitors, or even sometimes from so many trademark registrations made every global monitoring, there is a minimum annual
your own partners. It is, therefore, essential day that it has become almost impossible to cost of around €550 before tax. Usually, our
to properly protect inventions and innovations find a perfectly virgin brand name. However, clients see this budget not as a cost but as an
and to provide a good contractual framework we find solutions to allow our customers to investment to reduce the risk of disruption to
for professional relations. This is where our choose a strong brand that they can use with their business on the one hand and to increase
team comes in. peace of mind. This sometimes requires a the value of the company on the other. Indeed,
few adjustments but we are precisely here to during business transfers, it appears that 70% to
Is the risk of infringement still as high? anticipate things, by integrating the prospects 90% of a company’s value is based solely on its
Yes and unfortunately it continues to progress. for international development in advance – and IP assets (trademarks, patents, database etc).
Despite the effectiveness of surveillance and with a brand, monitoring comes hand-in-hand.
seizure procedures put in place by customs in We offer a monitoring system that makes it Does infringement account for the bulk of
Monaco in cooperation with the French customs possible to detect identical or similar brands your consulting business?
services, the risk remains high. In France alone, and to react effectively. Many customers have Thankfully not! Our activity is precisely to put
six million products were seized in 2020, which set up this monitoring on a global level to act in place effective legal and contractual tools to
represents €7 billion in losses for companies if necessary but also to keep informed of the limit such situations and transform industrial
and 38,000 jobs destroyed. The main sectors state of occupancy of their brand, including in property into value for the company.
concerned are cosmetics, clothing, toys and countries in which they are not yet protected.
medicines. Others also choose to monitor the use made What are the specifics of the strategy you
of their brands on the internet, in particular are proposing in Monaco?
How can companies protect themselves in to check that their products are indeed being Our team in Monaco brings together in a unique
practice? sold by their official retailers. Similar strategies manner lawyers and engineers, all specialised
Firstly, they needn’t worry! Fortunately, there are available to monitor competitors’ patents. in industrial property law. We operate in all
are several steps to take to limit the risk of countries of the world through our network.
infringement and the fact is that our customers How much does such a strategy cost? Our engineers and doctors of science cover
who take certain precautions are rarely faced In concrete terms, the strategy that we propose all technical and scientific fields.

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