Scholarlink

<p><OrderedList> <ListItem> <ItemNumber>1.</ItemNumber> <ItemContent> <p>Pursuant to the first paragraph of Art. L. 613-9 of the Intellectual Property Code, in order to be enforceable against third parties, all legal documents recording the transfer or modification of the rights attached to a patent application or a patent must be registered in the national patent register held by the French National Industrial Property Office.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>2.</ItemNumber> <ItemContent> <p>Until the transfer has been registered, the transferee may not assert the rights arising under the patent transfer agreement, and it may not therefore admissibly bring an action for infringement.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>3.</ItemNumber> <ItemContent> <p>Pursuant to the combined application of the first paragraph of Art. L. 613-9 and the first paragraph of Art. L. 615-2 of the Intellectual Property Code and Art. 126 of the Code of Civil Procedure, once the transfer of ownership of a patent has been registered, the transferee may admissibly bring an action for infringement in order to obtain compensation for the loss suffered by it on account of the acts committed since the transfer and, if so stated in the patent transfer agreement, compensation for the loss suffered prior to the transfer.</p> </ItemContent> </ListItem> <ListItem> <ItemNumber>4.</ItemNumber> <ItemContent> <p>Pursuant to Art. 1240 of the Civil Code, an action for unfair competition may be based on facts which are substantially identical to those alleged in the context of an action for infringement that is dismissed due to a failure to establish a private right or the fact that a private right may not be enforced against third parties.</p> </ItemContent> </ListItem> </OrderedList></p><p>[…]</p>

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

“Sony”

  • 期刊论文

  • 发表日期：

    2025年4月10日

查看全文

摘要

1.

Pursuant to the first paragraph of Art. L. 613-9 of the Intellectual Property Code, in order to be enforceable against third parties, all legal documents recording the transfer or modification of the rights attached to a patent application or a patent must be registered in the national patent register held by the French National Industrial Property Office.

2.

Until the transfer has been registered, the transferee may not assert the rights arising under the patent transfer agreement, and it may not therefore admissibly bring an action for infringement.

 3.

Pursuant to the combined application of the first paragraph of Art. L. 613-9 and the first paragraph of Art. L. 615-2 of the Intellectual Property Code and Art. 126 of the Code of Civil Procedure, once the transfer of ownership of a patent has been registered, the transferee may admissibly bring an action for infringement in order to obtain compensation for the loss suffered by it on account of the acts committed since the transfer and, if so stated in the patent transfer agreement, compensation for the loss suffered prior to the transfer.

 4.

Pursuant to Art. 1240 of the Civil Code, an action for unfair competition may be based on facts which are substantially identical to those alleged in the context of an action for infringement that is dismissed due to a failure to establish a private right or the fact that a private right may not be enforced against third parties.

[…]