Intellectual property law
The law firm GIACCARDI & BREZZO Avocats intervenes in the protection of creations and innovations, depending upon the professional profile, notably:
• Counselling, negotiation and drafting of contracts (confidentiality agreement, research and development contract, license agreement, transfer of intangible assets, exploitation of drawings, models or patents …)
• Strategy consulting (availability study, breach monitoring, protection strategy, filing strategy, protection of digital assets: domain names, identifiers on social networks)
• Managing of IP portfolio (application for trademarks, drawings, models, domain names…)
• Managing of online identity and reputation breaches
• Trademarks, designs and models proceedings (counterfeiting)
• Domain names proceedings (conflicts between domain names, between domain names and trademarks)
• Tort actions
Monegasque intellectual property law is governed by four main laws : Law No.1058 of 10 June 1983 on Trademarks and Service marks; Law No.606 and No.607 of 20 June 1955 on patents, and on Designs and Models; Law No.491 of 24 November 1948 on the Protection of Literary and Artistic Property.
The main intellectual property treaties are applicable, as Monaco entered most of the Agreements in the discipline. Monegasque intellectual property law is therefore developing according to international standards.
With regard to domain names, the Network Internet Centre of the Electronic Communications Division of Monaco is the registration and management office for the “.mc” naming area.
Law No. 1.482 of 17 December 2019 amending Law No. 1.383 of 2 August 2011 for a Digital Principality, created a tax relating to the allocation or renewal of a “.mc” domain name.
The Principality has recently concluded a working agreement with the European Patent Organization (EPO) to ensure the legal value of the invention. With the filing of a national patent application, it makes it possible to require the establishment by the European Patent Office of a search report on the state of the art and of a written opinion on patentability (Sovereign Ordinance No. 6.409 of 2 June 2017).
Sovereign Ordinance No. 6.337 and Ministerial Order No. 2017-217 of 5 April 2017 have updated the national regulation on patents.
Sovereign Ordinance No. 6.874 of 29 March 2018 harmonized procedures in the three areas of industrial property: patents; designs and models; trademarks.
A major reform in the field of intellectual property is underway. On the one hand, Bill No. 1044, tabled on 14 September 2021, aims to overhaul the system and the amount of droit de suite in order to establish conditions in Monaco equivalent to those governing other European art markets. On the other hand, Bill No. 1045 on the recognition and regime of the ownership of intellectual works (104 articles), also tabled on 14 September 2021, would replace Law n° 491 of 24 November 1948 on the protection of literary and artistic works, amended. The proposed provisions are inspired by the relevant EU legislation.