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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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New SPC referral: France too wants clarification of the CJEU on 3d) and Neurim’s interpretation (Santern)

​France refers a question to the CJEU on article 3d) of Regulation 469/2009 and Neurim’s interpretation: - Where does the limit of the “new application” need to be placed: veterinary versus human MA, new medical indication, new mode of action of the active ingredient, new dosage, new mode of administration, new formulation? - Should the criteria be stricter than the one of patentability? - Should the scope of the basic patent correspond with the one of the MA?

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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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Cambodia joins the European … Patent Organisation

​The European Patent Organisation (EPO) confirms its expansion. The EPO now rallies 44 states far beyond the European borders. The EPO has indeed signed agreements with Morocoo and Tunisia and from now on with Cambodia; that one might regard as an old reminiscence of the former French protectorates from the beginning of the 20th century. The agreement on the validation of European patents signed between the Government of the Kingdom of Cambodia and the EPO entered into force on 1 March 2018. Validation in Cambodia is deemed requested for any European or international application filed on or after 1 March 2018.

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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.

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At the EPO : slow and steady wins the race

From July 1st, 2018, the European Patent Office contemplates to authorize applicants to request postponement of the examination procedure for a period of 3 years. At the present time, the average duration of the examination procedure before the European Patent Office (EPO) is 23.2 months[1]. The examination time period should be reduced to 12 months by 2020[2]. The decreasing duration of the examination procedure comes under criticisms from some applicants. According to its detractors, the faster procedure would prevent applicants from raising funds or submitting complementary data during the examination phase. The EPO acknowledged those observations and suggested to postpone the start of substantive examination upon request.

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SPCs in France: an uncertainty disappears and a few days appear

The French National Institute of Industrial Property (INPI) has just dispelled doubts by means of an official statement : it is now possible for holders of a supplementary protection certificate (SPC), issued in France before October 6, 2015, to require extension of their protection duration.

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One IP standard to rule them all

​One standard to rule them all? The new French standard NF X50-276-2 is the first proposal of format for electronic communications of PI data between the different actors including the offices. The standard NF X50-276-2, and its explanatory note NF X50-276-1 were published at the beginning of February 2018. They aim at promoting exchanges between IP stakeholders: applicants, national offices, representatives, PI departments in companies, but also other players in the field (e.g. IP renewals provider). Accordingly, it proposes recommendations that allow the exchange of data thanks to coded flows having common structures.

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Almost complete closure of the IP specialized Chamber of the Paris Court of first instance from 1 April to 14 May 2018

​Due to the relocation of the IP specialized Chamber of the Paris Court of first instance, scheduled for April 18, 2018, a very light service will be held from April 1 until May 14. The hearings on the merits will be held normally until April 13 and will start again on May 14. No judgment on the merits will be rendered between April 9 and May 22.

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August Debouzy: Law Firm of the Year in France By “Le Monde du droit”

AUGUST DEBOUZY received 7 awards during the 5th edition of the “Palmarès des avocats” organized by “Le Monde du droit” (March 23, 2017). This recognitio