The transposition of the 2016 directive on trade secrets into French law by the law of 31 July 2018 and its implementing decree could have led to the expectation of difficulties with the so-called “saisies-contrefaçons”. The main one to remember is undoubtedly the application of the new article R. 153-1 of French Commercial Code to…

Two recent decisions in South Africa and Australia have accepted the fanciful thesis that an AI could be an inventor. I have no intention of commenting these decisions here, I simply want to try to understand how such a farfetched (and useless) idea, could have gained such ground in such a short time. Let’s say it right away: although…

My eminent colleague Pierre Véron, who needs no introduction here, is the author of a recent survey on the ranking of European jurisdictions in terms of damages awarded over the period 2000-2019 [1]The full version was published in English in Festschrift for President Meier-Beck in the journal GRUR (GRUR 2/2021)., which particularly caught my attention…

Readers of this blog know my interest in compulsory licensing as a balancing mechanism for patents[1]. For more than a year now, I have been repeating it wherever I can (here, in many peer reviews, French medias[2] and with French representatives[3]): in the face of the pandemic, patent holders must accept that their rights are…

Although he pronounced against the IP Waiver on 23 April, French President Emmanuel Macron declared having changed his mind on 6 May, following the US administration’s surprising decision on 5 May. These contradictory statements have rekindled the controversy over the IP waiver, which is a wrong path that distracts the debate from the real issue:…