5. What are the purchaser's obligations and guarantees resulting from the transfer?
The obligations of the purchaser of the patent do not pose any real difficulties, and essentially lie in the obligation to pay the fixed price.
A difficulty may arise from this obligation, particularly when the price is set in proportion to the patent's exploitation results. In this case, the purchaser is obliged to exploit the invention in good faith and "as a prudent businessman".
As a precautionary measure, it is advisable in such cases to set out in an agreement the terms and conditions for maintaining the title in force, for minimum exploitation and for providing the assignee with accounting information enabling it to verify the reality of the sums paid out.
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What are the purchaser's obligations and guarantees resulting from the transfer?
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Bibliography
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Bibliography
Joanna Schmidt-Szalewski – Jean-Marc Mousseron (†), Répertoire de droit commercial, Brevet d'invention, Dalloz.
J. Passa, Droit de la propriété industrielle, Tome 2, L.G.D.J., 2013.
Direction Générale des Finances Publiques, ENR - Cessions de brevets d'invention, de droits de possession industrielle et de marques de fabrique, de commerce...
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A self-financed public institution under the supervision of the French Ministry of Industrial Property, INPI plays an active role in the development and implementation of public policies in the field of intellectual property, in support of innovation and business competitiveness, and in the fight against counterfeiting.
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