Grégoire Desrousseaux

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FRAND licences: the Paris Court of First Instance confirms its jurisdiction

Two decisions of 7 December 2021 in the same case (i) confirm the jurisdiction of the Paris Court of First Instance to hear claims relating to the determination of a FRAND rate at the global level and (ii) recognise ETSI's standing to defend in this type of dispute. The case opposes Xiaomi against Philips and ETSI.

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Prescription of additional remuneration: the trend in case law is confirmed (again)

An order of the Paris Court of justice of 25 June 2021[1] confirms the rules governing the application over time of the successive provisions on statute of limitations for claims for additional remuneration of employees' inventions (1). In this decision, and in an earlier decision of December 2020[2], the Court also recalls the rules for assessing the starting point of the limitation period in concreto (2).

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Application of PACTE law provisions on the statute of limitations for infringement actions: a welcomed clarification

An order from Paris Judicial Court dated May 6, 2021 has clarified how to compute the statute of limitations for infringement actions further to the PACTE Law’s entry into force. The PACTE Law introduces two changes to the statute of limitations for infringement actions: the starting point of the limitation period becomes subjective, since it is necessary to consider the moment when the plaintiff in the action "knew or should have known" the offending fact, in accordance with the general regime of article 2224 of the Civil Code ; but the statute further specifies that it is "the last fact" upon which the action is based which must be considered. These changes became effective on May 24, 2019. The order of May 6, 2021 recalls the jurisprudence of the Court of Cassation according to which the new law cannot have the effect of modifying the starting point of the limitation period which began to run under the old law. Thus, acts of infringement that occurred before May 24, 2019 remain subject to a five-year statute of limitations that runs from the time the act was committed. In other words, the PACTE law will not have any practical effect before May 24, 2024. It is only from this date that the court will be able to fully apply the provisions relating to the starting point of the limitation period set out in article L.615-8 of the French Intellectual Property Code as amended by PACTE Law.

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Limitation period for employees’ additional remuneration: the trend in case law is confirmed

On December 5, 2019, the Paris court issued a ruling on the statute of limitations for an employee's claim for additional compensation for a mission invention.

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Decree n° 2019-1333 of December 11, 2019 reforming French civil procedure: impact of extension of the powers of the case management judge on intellectual property litigation

Entering into force on January 1, 2020, Decree n°2019-1333 of December 11, 2019 reforming civil procedure (the "Decree") has already caused a lot of buzz, in particular in that it details the procedure applicable before the new first instance civil court (resulting from the merger of the tribunal de grande instance and the tribunal d'instance), simplifies lack of jurisdiction incidents within the same first instance civil court and, above all, enshrines in principle provisional enforcement of court decisions.

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Non-compliance with a software license: Advocate General of the CJEU specifies the possible contours of the licensee's contractual liability

The question of the nature of the liability of a licensee who does not comply with the terms of a software license agreement has given rise in recent years to contrasting case law solutions by French courts, taking into account the principle of non‑cumulation of liabilities . Recent studies have even been specifically devoted to this issue.

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Adoption of the PACTE bill by the National Assembly: what impact on industrial property?

On April 11, the National Assembly definitively adopted the PACTE bill.

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PACTE law and industrial property: how to make the French patent more attractive?

The PACTE bill [1], adopted at first reading by the National Assembly on Tuesday, October 9, 2018, contains several patent provisions aimed at promoting innovation and facilitating the growth of SMEs.

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In May do what you like: France is preparing for the UPC ... and surprises with the disappearance of a statute of limitations

An ordinance[1] modifying the Intellectual Property Code (IPC) has just been published in the Official Journal. It aims at harmonizing the IPC in accordance with the legal texts implementing the unitary patent and the Unified Patent Court (UPC).

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Additional remuneration of employees’ inventions: the end of non-applicability of the statute of limitations?

Additional remuneration of employees’ inventions: the end of non-applicability of the statute of limitations? The starting point of the statute of limitations for the additional remuneration owed to employee inventors: application of the provisions of Article 2224 of the French Civil Code resulting from Act no. 2008-561 of June 17, 2008, reforming the statute of limitations in civil matters.