Practical sheet | REF: FIC1637 V1

Counterfeiting: prepare your case and anticipate the risks

Author: Jérémy BENSOUSSAN

Publication date: July 10, 2017 | Lire en français

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4. What happens if the title is transferred?

All acts transmitting or modifying the rights attached to a patent application or patent – assignments, licenses, etc. – must be entered in the National Patent Register (RNB, kept by INPI) or the European Patent Register (REB, kept by OEB ) to be enforceable against third parties (articles L. 613-9 and L. 614-11 of Code de la propriété intellectuelle ). For example, the assignee of a patent can only sue for infringement from the date of entry of the assignment contract in the relevant register, and only for alleged acts of infringement committed subsequently (unless otherwise stipulated in the contract). The aim of this requirement is to make the patent ownership...

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