Practical sheet | REF: FIC1633 V1

Employee inventions: managing conflicts

Author: Virginie BRUNOT

Publication date: July 10, 2017 | Lire en français

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4. What are the special features of proceedings before the Tribunal de Grande Instance?

Cases may be referred to the court either directly or following the conciliation procedure.

4.1 In all cases

Unlike the conciliation procedure, the court procedure is a judicial procedure: this means that the court will rule on the law in the light of the arguments and documents produced by the parties, each of whom must provide the evidence necessary to support their claims.

Moreover, the court's jurisdiction is not limited to employee inventions, and extends to any claim relating to patents. It is therefore possible to formulate broader claims than would otherwise be the case.

Finally, it is important to ensure that the action is not time-barred. Indeed, while this notion plays a lesser role before the CNIS,...

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What are the special features of proceedings before the Tribunal de Grande Instance?