This almost unnoticed metamorphosis, which has been hardly or not at all commented on, is nevertheless an important reform of French law. Order 2021-1658 of 15 December 2021 extends the system of devolution of rights in respect of software (Article L. 113-9-1 of the Intellectual Property Code) and employee inventions (L. 611-7-1 of the Intellectual…
In a decision rendered on April 1, 2022, the Paris Court of Appeal ruled on the determination of the starting point of the statute of limitations for claiming additional remuneration related to mission inventions. The case before the Paris Court of Appeals raised the issue of the statute of limitations with respect to 11 unexploited…
A recent decision at the UK Intellectual Property Office emphasises again how important it is to establish ownership of rights in inventions (particularly before the first patent application is filed) and to have documentary evidence to support this. The case concerns a dispute between the University of Warwick and one of its employees over the…
One of the challenges raised by today’s inventions, which are often the result of research efforts carried out by teams comprised of scientists based in multiple jurisdictions, is how to comply with national requirements which sometimes entail contradictory obligations. For example, let’s imagine a situation where an inventor is subject to the laws of country…
The 23rd Annual Fordham Intellectual Property Law and Policy Conference 2015 has kicked off with opening remarks from Hugh Hansen from Fordham University School of Law, New York, reminding everyone to learn, debate and have fun! David J Kappos has started the panel debate on the state of IP in China with a story about…
The Italian Supreme Court recently (and surprisingly) said that inventors must be named as co-defendants in revocation actions. In 2010 I wrote a post concerning the requirement to name inventors as co-defendants in Italian revocation actions. I reported that the Court of Appeal of Milan had established a principle whereby named inventors had to be called…
According to the law on employee inventions, the inventor is entitled to information about all income generated by the employer from third parties in exploiting the invention. This information is the basis for claims of the employees against the employer for compensation. The Court confirmed the decisions of the lower courts and held that the…
A patent can be re-assigned to the legitimate rights holder based on a claim of entitlement under Article 118 Italian IP Code, even when the patented subject matter differs from the invention made by the legitimate rights holder, when such differences do not involve an inventive step. A summary of this case will be posted…
In a decision of 9 February 2012, the Court of Appeal of Milan decided a case concerning the ownership of the rights over an invention allegedly made in the framework of a work-made-for-hire relationship. The case is interesting as Italian law does not explicitly regulate the case of inventions made for hire. Articles 64 and…
The Supreme Court confirmed the Court of Appeal’s decision that the certification of the status of creator of a technical achievement is an indispensable condition for monetary compensation of an employee by an enterprise. Since the plaintiffs have not requested or received any documents recognizing their status as creators of a technical achievement, their claim…
