Océane Millon de La Verteville

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Spring-summer 2024: priority to the Olympics Games at the 3rd chamber of the Paris Court of 1st instance ?

The 3rd chamber of the Judicial Court of Paris is considering an organization dedicated to the litigation of the Olympic Games, between mid-May and Septemb

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The WTO decision on the "lifting" of patents on Covid vaccines, in 6 questions

A decisive step has just been taken in the process of "lifting" the patents on vaccines against COVID-19, on which we have been publishing regularly since

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Programme de rémunération supplémentaire porté à la connaissance du salarié : condition suffisante mais pas nécessaire pour mettre en route la prescription de l’action en rémunération supplémentaire de l’inventeur salarié

Un programme de rémunération supplémentaire porté à la connaissance du salarié : une condition suffisante mais pas nécessaire à la mise en route de la prescription de l’action en rémunération supplémentaire de l’inventeur salarié. Par un arrêt du 1er avril 2022, la Cour d’appel de Paris confirme l’application des règles de prescription de l’action en rémunération supplémentaire des inventeurs salariés découlant de la réforme de la prescription de 2008 : le délai de prescription triennal court à partir du moment où le salarié avait connaissance des faits lui permettant d’exercer l’action.

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1st date of proceeding before the Paris Court of Justice: 60 days after the service of summons, even for foreign defendants

The Economic and Commercial Activity Department of the 1st instance court of Paris has modified its website. Thus, even for summonses involving a defendant residing abroad, it is possible to request a date for the orientation hearing within a standard period of 60 days rather than 180. Although it is only published on the page of the Economic and Commercial Activity Department, this clarification should concern all summonses subject to the obligation to take of the date of orientation hearing.

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San-Ei v. Nexira on the abuse of the right to sue for infringement: an isolated case or the beginning of a disturbing case law for right holders?

the abuse of the right to sue for infringement : When it comes to infringement proceedings, it is common for the defendant to counterclaim for abuse of process, and equally common for the defendant to be dismissed. The dismissal of such claims is usually based on the grounds that the plaintiff may be mistaken about the scope of his rights and that the mere bringing of such action is not abusive per se.

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The SPC system: a flawed system in need of reform? That is the question... asked by the European Commission

In view of the imminent launch of the Unified Patent Court (“UPC”) and following the publication, in 2020, of its “Intellectual Property Action Plan”,  its “Pharmaceutical Strategy for Europe” and its report on the evaluation of the current Supplementary Protection Certificate (“SPC”) regime, the European Commission launched on 8 March a call for evidence to gather opinions on a possible reform of the SPC system.

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UPC: Top start... yes but how?

Signed in October 2015 by the representatives of the Member States, the PPA allows the institutional, organisational and financial provisions of the UPC Agreement to enter into a provisional application phase.  Its purpose is to allow key decisions to be taken so that the UPC can become fully operational as soon as the UPC Agreement enters into force. The provisional application phase will also be used to allow for early registration of requests to opt out of the UPC's jurisdiction

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IP rights on software and inventions made by interns or other persons not benefiting from an employment contract or the status of public official: an apparent alignment with the regime for employees, although some questions remain pending

In application of the law n°2020-1674 on research programming for the years 2021 to 2030 (the "research programming law"), the ordinance n°2021-1658 dated December 15, 2021 introduces  the articles L.611-7-1 and L. 113—-9 of the Intellectual Property Code (IPC hereinafter), which are likely to  align the regime of attribution of intellectual property rights on software and inventions made by third-parties (non employees) hosted within the framework of an agreement by a legal entity carrying out research activities, with the one applicable to employees and public official. Interns, foreign doctoral students, professors or director emeritus and people on International voluntary service in a company (Volontariat international en entreprise (VIE)) may be concerned as well.

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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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Communication regarding a decision in an infringement dispute: the Court of Cassation validates the leniency of the Courts

In a previous flash and a more complete study on this issue, we commented on a decision of the Court of Appeal of Paris of March 3, 2020, which was particularly lenient towards a patent holder (JCB), which had published a press release stating that a preliminary injunction had been issued against one of its competitors (Manitou). The press release was not without a certain degree of virulence and had been published on the eve of an international trade fair. The Court of Appeal nevertheless ruled that the manifest illegality of the disturbance that this press release had caused was not sufficiently characterised.