It’s been a long time since I’ve evoked my favorite topic here. It seemed to me that the last four weeks before New Year’s Eve were an ideal time to summarize the understanding of FRAND litigation in French law. Four parts: the nature of the FRAND commitment, the jurisdiction, the setting of the royalty rate,…
Article 124, III of the so-called “PACTE” Law enshrines the disappearance of the statute of limitations for invalidity actions concerning industrial property titles. It was intended to put an end to the previous case law, which was thus disproved, applying the five-year limitation period of Article 2224 of the Civil Code to these actions, notably…
I won’t go into the numerous litigations involving OPPO around the world, nor will I comment on the decisions rendered by the German Courts since this summer. What interests me is the unprecedented attitude of OPPO in these proceedings – which withdrew its products from the German market even before any injunction was enforced –,…
The news was announced last week: Moderna is suing Pfizer for infringement of two of its patents related to Covid-19 vaccines. These highly targeted actions are likely to spread to many other countries: here is a brief overview of the case and its potential French perspective. In a press release dated August 26, 2022, Moderna…
In a decision dated June 29, 2022, the Cour de cassation (French Supreme Court) overturned the decision of the Paris Court of Appeal (Paris, November 24, 2020) which refused to assess acts of infringement committed abroad. The decision of the Supreme Court, which merely applies classical rules of private international law, leads one to wonder…
25 May 2022, the Paris Court of Appeal overturned the refusal of the French National Institute of Industrial Property (INPI) to grant an SPC on avelumab. This is a reversal of the “nivolumab” case law on the interpretation of Article 3(a) of Regulation (EC) No 469/2009 (hereafter the SPC Regulation). In this case, Dana-Farber…
In a decision of 3 June 2022, opposing NOVARTIS and BIOGARAN, the Tribunal Judiciaire de Paris accepted the admissibility of a request for provisional measures based on a European patent application. This solution, however surprising it may seem at first sight, could nevertheless be justified. The decision under review is an order rendered in a…
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…
On June 17, 2022, WTO members adopted a waiver to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) allowing suspension of patent related to the Covid-19 pandemic, which is the result of a year and a half of intense debate. Already there is a lot of alarm in the industry about this…
