3. How can you contract out of the legal co-ownership system?
As shown in the previous step, the legal regime governing co-ownership of patents can be unwieldy, complex and sometimes incomplete.
For example, there are no rules governing the payment of patent quotas, the appointment of a representative or the rules applicable to the management and monitoring of filing procedures, all of which run the risk of forfeiture of title for non-payment of annuities.
It is therefore advisable, wherever possible, to set up a system of co-ownership that sets out the management procedures for the title and any extensions to it, as well as the rights and obligations of each co-owner.
In R&D research projects, it is highly advisable to define the principles of this regulation at the outset of the negotiations: this will provide a framework and security for the protection of future patent(s)....
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How can you contract out of the legal co-ownership system?
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Bibliography
Also in our database
Bibliography
F. X. Testu, Clauses de propriété intellectuelle , Dalloz reference Contrats d'affaires, 2010
J. Raynard, Droit des brevets et du savoir-faire industriel , Rec. Dalloz, 12-2010/10-2011
J. Passa, Droit de la propriété industrielle , Tome 2, L. G.D.J., 2013
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Code de la propriété intellectuelle
article L. 613-29
article L. 613-30
article L. 613-31
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