In the European Union (EU), intellectual property rights are regulated by two offices: the European Intellectual Property Office (EUIPO) located in Alicante and the European Patent Office (EPO) located in Munich. Therefore, as an ordinary person or legal professional who owns an intellectual property right, you will probably need to hire a lawyer specialized in intellectual property in order to best protect. However, does this lawyer have to be licensed in the EU to practice? This means that if you are a company or an individual who owns intellectual property rights, you may need to hire an intellectual property lawyer to protect you and your business. Then it is important to consider, does that lawyer have to be licensed in the EU?
In short, the answer is no. An IP lawyer does not need to be licensed in the EU to practice. However, there are certain requirements that must be met to practice in the EU Primarily, an attorney must have a valid license in the jurisdiction where he or she practices. This license must be issued by the competent authority of the jurisdiction.
Secondly, the lawyer must have a valid professional qualification in intellectual property law. Furthermore, this qualification must be recognized by the EPO. The lawyer must also be a member of a professional body recognized by the EPO.
Finally, the lawyer must be registered with the EPO. This registration requires the provision of certain documents, including a valid license and a professional qualification in intellectual property law. Once the registration is complete, the lawyer will be added to the register of intellectual property lawyers authorized by the EPO. The lawyer will also be required to meet the ethical standards established by the EPO. These standards are set out in the European Patent Convention, which is the legal framework that governs intellectual property law in the EU and more specifically patent law.
Overall, an IP lawyer does not need to be licensed in the EU to practice. However, he must meet certain requirements to practice in the EU, including having a valid license, a valid professional qualification and being registered with the EPO.
For further information, do not hesitate to contact us:
contact@dreyfus.fr.
We offer our clients a dedicated and unique experience of expertise that is necessary for the exploitation of intangible assets. We will also endeavor to keep you informed and up-to-date about intellectual property and digital economic issues through our articles and newsletters written by the Dreyfus Legal Team.