The Effect of an Unregistered Transfer Agreement on Enforcing Patent Rights

The Effect of an Unregistered Transfer Agreement on Enforcing Patent Rights

Journal article

1 electronic resource (page 456–458)

Extract Civil Code, Art. 1240; Code of Civil Procedure, Art. 126; Intellectual Property Code, Arts. L. 613-9 and L. 615-2 – Sony Headnotes by the Editorial Office 1. Until the transfer of patent ownership has been registered, the transferee may not assert the rights arising under the patent transfer agreement, and may not therefore admissibly bring an action for infringement. 2. 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 losses suffered 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. 3. 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 has been dismissed due to a failure to establish a private right or the fact that a private right may not be enforced against third parties.

Crossref

GRUR International ; 74, 5, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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