MISE A JOUR LEGIFRANCE 15/06/03

Dernier texte modificateur Loi 2003-706 du 01/08/03 (JO 02/08/03) 

Chapter I: Nature of Copyright

Article L111-1. 

The author of a work of the mind shall enjoy in that work, by the mere fact of its creation, an exclusive incorporeal property right which shall be enforceable against all persons.

This right shall include attributes of an intellectual and moral nature as well as attributes of an economic nature, as determined by Books I and III of this Code.

The existence or conclusion of a contract for hire or of service by the author of a work of the mind shall in no way derogate from the enjoyment of the right afforded by the first paragraph above.

Article L111-2

A work shall be deemed to have been created, irrespective of any public disclosure, by the mere fact of realization of the author's concept, even if incomplete.

Article L111-3

The incorporeal property right set out in Article L111-1 shall be independent of any property right in the physical object.

Acquisition of such object shall not vest in the acquirer of the object any of the rights afforded by this Code, except in those cases referred to in the provisions of the second and third paragraphs of Article L123-4. These rights shall subsist in the person of the author or of his successors in title who, nevertheless, may not require the proprietor of the physical object to make such object available to them for the exercise of those rights. However, in the event of manifest abuse by the proprietor preventing exercise of the right of disclosure, the first instance court may take any appropriate measure, in accordance with the provisions of Article L121-3.

Article L111-4

Subject to the international conventions to which France is party, in the event that it is ascertained, after consultation with the Minister for Foreign Affairs, that a State does not afford to works disclosed for the first time in France, in any form whatsoever, protection that is adequate and effective, works disclosed for the first time on the territory of such State shall not enjoy the copyright protection afforded by French legislation.

However, neither the integrity nor the authorship of such works may be impaired.

In the cases referred to in the first paragraph above, the royalties shall be paid to general interest bodies designated by decree.

Article L111-5

Subject to the international conventions, foreigners shall enjoy in France the rights afforded to authors of software by this Code on condition that the law of the State of which they are nationals or on the territory of which they have their place of residence, their registered offices or an effective establishment affords its protection to software created by French nationals and by persons having in France their place of residence or an effective establishment.

Chapter II: Protected Work

Article L112-1

The provisions of this Code shall protect the rights of authors in all works of the mind, whatever their kind, form of expression, merit or purpose.

Article L112-2

(Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)

The following, in particular, shall be considered works of the mind within the meaning of this Code:

1°.books, pamphlets and other literary, artistic and scientific writings;

2°.lectures, addresses, sermons, pleadings and other works of such nature;

3°.dramatic or dramatico-musical works;

4°.choreographic works, circus acts and feats and dumb-show works, the acting form of which is set down in writing or in other manner;

5°.musical compositions with or without words;

6°.cinematographic works and other works consisting of sequences of moving images, with or without sound, together referred to as audiovisual works;

7°.works of drawing, painting, architecture, sculpture, engraving and lithography;

8°.graphical and typographical works;

9°.photographic works and works produced by techniques analogous to photography;

10°.works of applied art;

11°.illustrations, geographical maps;

12°.plans, sketches and three-dimensional works relative to geography, topography, architecture and science;

13°.software, including the preparatory design material;

14°.creations of the seasonal industries of dress and articles of fashion. Industries which, by reason of the demands of fashion, frequently renew the form of their products, particularly the making of dresses, furs, underwear, embroidery, fashion, shoes, gloves, leather goods, the manufacture of fabrics of striking novelty or of special use in high fashion dressmaking, the products of manufacturers of articles of fashion and of footwear and the manufacture of fabrics for upholstery shall be deemed to be seasonal industries.

Article L112-3

(Act No. 96-1106 of 18 December 1996 Art. 1 Official Journal of 19 December 1996)

(Act No. 98-536 of 1 July 1998 art. 1 Official Journal of 2 July 1998)

The authors of translations, adaptations, transformations or arrangements of works of the mind shall enjoy the protection afforded by this Code, without prejudice to the rights of the author of the original work. The same shall apply to the authors of anthologies or collections of miscellaneous works or data, such as databases, which, by reason of the selection or the arrangement of their contents, constitute intellectual creations.

            Database means a collection of independent works, data or other materials, arranged in a systematic or methodical way, and capable of being individually assessed by electronic or any other means.

Article L112-4

The title of a work of the mind shall be protected in the same way as the work itself where it is original in character.

Such title may not be used, even if the work is no longer protected under Articles L123-1 to L123-3, to distinguish a work of the same kind if such use is liable to create confusion.

Chapter III: Owners of Copyright

Article L113-1

Authorship shall belong, unless proved otherwise, to the person or persons under whose name the work has been disclosed.

Article L113-2

“Work of collaboration” shall mean a work in the creation of which more than one natural person has participated.

“Composite work” shall mean a new work in which a preexisting work is incorporated without the collaboration of the author of the latter work.

“Collective work” shall mean a work created at the initiative of a natural or legal person who edits it, publishes it and discloses it under his direction and name and in which the personal contributions of the various authors who participated in its production are merged in the overall work for which they were conceived, without it being possible to attribute to each author a separate right in the work as created.

Article L113-3

A work of collaboration shall be the joint property of its authors.

The joint authors shall exercise their rights by common accord.

In the event of failure to agree, the civil courts shall decide.

Where the contribution of each of the joint authors is of a different kind, each may, unless otherwise agreed, separately exploit his own personal contribution without, however, prejudicing the exploitation of the common work.

Article L113-4

A composite work shall be the property of the author who has produced it, subject to the rights of the author of the preexisting work.

Article L113-5

A collective work shall be the property, unless proved otherwise, of the natural or legal person under whose name it has been disclosed.

The author's rights shall vest in such person.

Article L113-6

The authors of pseudonymous and anonymous works shall enjoy in such works the rights afforded by Article L111-1.

They shall be represented in the exercise of those rights by the original editor or publisher, until such time as they reveal their true identity and prove their authorship.

The declaration referred to in the preceding paragraph may be made by will; however, any rights previously acquired by other persons shall be maintained.

The provisions in the second and third paragraphs above shall not apply if the pseudonym adopted by the author leaves no doubt as to his true identity.

Article L113-7

Authorship of an audiovisual work shall belong to the natural person or persons who have carried out the intellectual creation of the work.

Unless proved otherwise, the following are presumed to be the joint authors of an audiovisual work made in collaboration:

1°.the author of the script;

2°.the author of the adaptation;

3°.the author of the dialogue;

4°.the author of the musical compositions, with or without words, specially composed for the work;

5°.the director.

If an audiovisual work is adapted from a preexisting work or script which is still protected, the authors of the original work shall be assimilated to the authors of the new work.

Article L113-8

Authorship of a radio work shall belong to the natural person or persons who carried out the intellectual creation of the work.

The provisions of the final paragraph of Article L113-7 and those of Article L121-6 shall apply to radio works.

Article L113-9

(Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)

Unless otherwise provided by statutory provision or stipulation, the economic rights in the software and its documentation created by one or more employees in the execution of their duties or following the instructions given by their employer shall be the property of the employer and he exclusively shall be entitled to exercise them.

Any dispute concerning the application of this Article shall be submitted to the first instance court of the registered place of business of the employer.

The first paragraph of this Article shall also apply to servants of the State, of local authorities and of public establishments of an administrative nature.

Chapter I: Moral Rights

Article L121-1

An author shall enjoy the right to respect for his name, his authorship and his work.

This right shall attach to his person.

It shall be perpetual, inalienable and imprescriptible. It may be transmitted mortis causa to the heirs of the author.

Exercise may be conferred on another person under the provisions of a will.

Article L121-2

The author alone shall have the right to divulge his work. He shall determine the method of disclosure and shall fix the conditions thereof, subject to Article L132-24.

After his death, the right to disclose his posthumous works shall be exercised during their lifetime by the executor or executors designated by the author. If there are none, or after their death, and unless the author has willed otherwise, this right shall be exercised in the following order: by the descendants, by the spouse against whom there exists no final judgment of separation and who has not remarried, by the heirs other than descendants, who inherit all or part of the estate and by the universal legatees or donees of the totality of the future assets.

This right may be exercised even after expiry of the exclusive right of exploitation set out in Article L123-1.

Article L121-3

In the event of manifest abuse in the exercise or non-exercise of the right of disclosure by the deceased author's representatives referred to in Article L121-2, the first instance court may order any appropriate measure. The same shall apply in the event of a dispute between such representatives, if there is no known successor in title, no heir or no spouse entitled to inherit.

Such matters may be referred to the courts by the Minister responsible for culture.

Article L121-4

Notwithstanding assignment of his right of exploitation, the author shall enjoy a right to reconsider or of withdrawal, even after publication of his work, with respect to the assignee. However, he may only exercise that right on the condition that he indemnify the assignee beforehand for any prejudice the reconsideration or withdrawal may cause him. If the author decides to have his work published after having exercised his right to reconsider or of withdrawal, he shall be required to offer his rights of exploitation in the first instance to the assignee he originally chose and under the conditions originally determined.

Article L121-5

An audiovisual work shall be deemed completed when the final version has been established by common accord between the director or, possibly, the joint authors, on the one hand, and the producer, on the other.

Destruction of the master copy of such version shall be prohibited.

Any change made to that version by adding, deleting or modifying any element thereof shall require the agreement of the persons referred to in the first paragraph above.

Any transfer of an audiovisual work to another kind of medium with a view to a different mode of exploitation shall require prior consultation with the director.

The authors' own rights, as defined in Article L121-1, may be exercised by those authors only in respect of the completed audiovisual work.

Article L121-6

If one of the authors refuses to complete his contribution to an audiovisual work or is unable to complete such contribution due to circumstances beyond his control, he shall not be entitled to oppose use of that part of his contribution already in existence for the purpose of completing the work. He shall be deemed the author of such contribution and shall enjoy the rights deriving therefrom.

Article L121-7

(Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)

Except for any stipulation more favorable to the author, such author may not:

1°.oppose modification of the software by the assignee of the rights referred to in item 2 of Article L122-6 where such modification does not prejudice either his honor or his reputation;

2°.exercise his right to reconsider or of withdrawal.

Article L121-8

The author alone shall have the right to make a collection of his articles and speeches and to publish them or to authorize their publication in such form.

With regard to all works published in such way in a newspaper or periodical, the author shall maintain his right, unless otherwise stipulated, to have them reproduced or to exploit them in any form whatsoever, on condition that such reproduction or exploitation is not such as to compete with the newspaper or periodical concerned.

Article L121-9

Whatever the marriage arrangements and on pain of nullity of any clause to the contrary contained in a marriage contract, the right to disclose a work, to lay down the conditions for exploiting it and for defending its integrity shall remain vested in the spouse who is the author or in the spouse to whom such rights have been transmitted. This right may not be brought in dowry nor acquired as community property nor subsequently acquired as community property.

The monetary proceeds resulting from the exploitation of a work of the mind or from the total or partial assignment of the right of exploitation shall be subject to the general rules of law applicable to marriage arrangements only if acquired during the marriage; the same shall apply to savings made on such account.

The provisions laid down in the preceding paragraph shall not apply if the marriage was contracted prior to March 12, 1958.

The legislative provisions relating to the contributions of the spouses to the cost of the household shall apply to the monetary proceeds referred to in the second paragraph of this Article.

Chapter II: Patrimonial Rights

Article L122-1

The right of exploitation belonging to the author shall comprise the right of performance and the right of reproduction.

Article L122-2

Performance shall consist in the communication of the work to the public by any process whatsoever, particularly:

1°.public recitation, lyrical performance, dramatic performance, public presentation, public projection and transmission in a public place of a telediffused work;

2°.telediffusion.

Telediffusion shall mean distribution by any telecommunication process of sounds, images, documents, data and messages of any kind.

Transmission of a work towards a satellite shall be assimilated to a performance.

Article L122-2-1

(inserted by Act No. 97-283 of 27 Mars 1997 art. 1 Official Journal of 28 Mars 1997)

The right of performance of a work broadcast by satellite shall be governed by the provisions of this Code where the work is transmitted to the satellite from the national territory.

Article L122-2-2

(inserted by Act No. 97-283 of 27 Mars 1997 art. 1 Official Journal of 28 Mars 1997)

The right of performance of a work broadcast by satellite which is transmitted from the territory of a non-Member State of the European Community that does not afford a level of copyright protected equivalent to that guaranteed by this Code shall also be governed by the provisions of this Code:

1°.where the uplink to the satellite is provided by a station situated on the national territory, in which case the rights provided for in this Code shall be exercisable against the person operating the uplink station;

2°.where the uplink to the satellite is not provided by a station situated in a Member State of the European Community, and where the transmission takes place at the request, on behalf or under the control of an audiovisual communication enterprise having its principal establishment on the national territory, in which case the rights provided for in this Code shall be exercisable against the said audiovisual communication enterprise.

Article L122-3

Reproduction shall consist in the physical fixation of a work by any process permitting it to be communicated to the public in an indirect way.

It may be carried out, in particular, by printing, drawing, engraving, photography, casting and all processes of the graphical and plastic arts, mechanical, cinematographic or magnetic recording.

In the case of works of architecture, reproduction shall also consist in the repeated execution of a plan or of a standard project.

Article L122-4

Any complete or partial performance or reproduction made without the consent of the author or of his successors in title or assigns shall be unlawful. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever.

Article L122-5

(Act No. 94-361 of 10 May 1994 art. 5 II Official Journal of 11 May 1994)

(Act No. 97-283 of 27 Mars 1997 art. 17 Official Journal of 28 Mars 1997)

(Act No. 98-536 of 1 July 1998 art. 2 and art. 3 Official Journal of 2 July 1998)

(Act No. 2000-642 of 11 July 2000 art. 47 Official Journal of 11 July 2000)

Once a work has been disclosed, the author may not prohibit:

            1°. private and gratuitous performances carried out exclusively within the family circle;

            2°. copies or reproductions reserved strictly for the private use of the copier and not intended for collective use, with the exception of copies of works of art to be used for purposes identical with those for which the original work was created and copies of software other than backup copies made in accordance with paragraph II of Article L. 122-6-1, as well as copies or reproductions of an electronic database;

            3°. on condition that the name of the author and the source are clearly stated:

            a) analyses and short quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated;

            b) press reviews;

            c) dissemination, even in their entirety, through the press or by broadcasting, as current news, of speeches intended for the public made in political, administrative, judicial or academic gatherings, as well as in public meetings of a political nature and at official ceremonies;

            d) complete or partial reproductions of works of graphic or three-dimensional art intended to appear in the catalogue of a judicial sale held in France, in the form of the copies of the said catalogue made available to the public prior to the sale for the sole purpose of describing the works of art offered for sale.

            A decree by the Conseil d'Etat shall determine the characteristics of the documents and the conditions governing their distribution.

            4°. parody, pastiche and caricature, observing the rules of the genre.

            5°. acts necessary to access the contents of an electronic database for the purposes of and within the limits of the use provided by contract.

Article L122-6

(Act No. 94-361 of 10 May 1994 art. 5I Official Journal of 11 May 1994)

Subject to the provisions of Article L122-6-1, the exploitation right belonging to the author of the software shall include the right to do or to authorize:

1°.the permanent or temporary reproduction of software by any means and in any form, in part or in whole. Insofar as loading, displaying, running, transmission or storage of the software necessitate such reproduction, such acts shall be possible only with the authorization of the author;

2°.the translation, adaptation, arrangement or any other alteration of software and the reproduction of the results thereof;

3°.the placing on the market for consideration or gratuitously, including rental, of the software or of copies thereof by any process. However, the first sale of a copy of software on the territory of a Member State of the European Community or of a State party to the agreement on the European Economic Area by the author or with his consent shall exhaust the right of placing on the market of that copy in all Member States, with the exception of the right to authorize further rental of a copy.

Article L122-6-1

(Act No. 94-361 of 10 May 1994 art. 5I Official Journal of 11 May 1994)

I.The acts referred to in items 1 and 2 of Article L122-6 shall not require authorization by the author where they are necessary for the use of the software by the person entitled to use it in accordance with its intended purpose, including for error correction.

However, an author may by contract reserve the right to correct errors and stipulate any special conditions to which shall be subject the acts referred to in items 1 and 2 of Article L122-6, necessary to enable the entitled person to use the software in accordance with its intended purpose.

II. A person having the right to use the software may make a backup copy where such is necessary to ensure use of the software.

III. A person having the right to use the software shall be entitled, without the authorization of the author, to observe, study or test the functioning of the software in order to determine the ideas and principles which underlie any element of the software if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the software which he is entitled to do.

IV. Reproduction of the code of the software or translation of the form of that code shall not require the authorization of the author where reproduction or translation within the meaning of item 1 or 2 of Article L. 122-6 is indispensable for obtaining the information necessary to achieve the interoperability of independently created software with other software, providing that the following conditions are met:

1°.these acts are performed by a person entitled to use a copy of the software or on his behalf by a person authorized to do so;

2°.the information necessary to achieve interoperability has not previously been readily available to the persons referred to in item 1, above;

3°.and these acts are confined to the parts of the original software which are necessary to achieve interoperability.

The information thus obtained may not:

1°.be used for goals other than to achieve the interoperability of the independently created software;

2°.be given to others, except where necessary for the interoperability of the independently created software;

3°.or be used for the development, production or marketing of software substantially similar in its expression, or for any other act which infringes copyright.

V. This Article may not be interpreted in such a way as to prejudice the normal exploitation of the software or to cause unreasonable prejudice to the author's legitimate interests.

Any stipulation contrary to the provisions of paragraphs II, III and IV of this Article shall be null and void.

Article L122-6-2

(Act No. 94-361 of 10 May 1994 art. 5I Official Journal of 11 May 1994)

Any publication or user's handbook concerning means of removing or circumventing any technical device protecting software shall state that the unlawful use of such means is liable to the penalties laid down for cases of infringement.

A Decree in Conseil d'Etat shall lay down the implementing rules for this Article.

Article L122-7

The right of performance and the right of reproduction may be transferred, for or without payment.

Transfer of the right of performance shall not imply transfer of the right of reproduction.

Transfer of the right of reproduction shall not imply transfer of the right of performance.

Where a contract contains the complete transfer of either of the rights referred to in this Article, its effect shall be limited to the exploitation modes specified in the contract.

Article L122-8

Authors of graphic and three-dimensional works shall have an inalienable right, regardless of any transfer of the original work, to participate in the proceeds of any sale of such work by public auction or through a dealer.

The royalty levied shall be a uniform 3% applicable only on a selling price above an amount to be laid down by regulation.

The royalty shall be levied on the selling price of each work and on the full price with no deduction from the basis. A Decree in Conseil d'Etat shall lay down the conditions under which authors may assert the rights afforded them by this Article with respect to the sales referred to in the first paragraph above.

Article L122-9

In the event of manifest abuse in the exercise or non-exercise of the rights of exploitation by the deceased author's representatives referred to in Article L121-2, the first instance court may order any appropriate measure. The same shall apply in the event of a dispute between such representatives, if there is no known successor in title, no heir or no spouse entitled to inherit.

Such matters may be referred to the courts, inter alia, by the Minister responsible for culture.

Article L122-10

(inserted by Act No. 95-4 of 3 January 1995 art. 1 Official Journal of 4 January 1995)

The publication of a work shall imply assignment of the right of reprographic reproduction to a society governed by Title II of Book III and approved to such end by the Minister responsible for culture. Only approved societies may conclude an agreement with users for the purpose of administering the right thus assigned, subject, for the stipulations authorizing copies for the purposes of sale, rental, publicity or promotion, to the agreement of the author or his successors in title. Failing such designation by the author or his successor in title on the date of publication of the work, one of the approved societies shall be deemed the assignee of the right.

Reprography shall mean reproduction in the form of a copy on paper or an assimilated medium by means of a photographic process or one having equivalent effect permitting direct reading.

The provisions of the first paragraph shall not affect the right of the author or his successors in title to make copies for the purposes of sale, rental, publicity or promotion.

Notwithstanding any stipulation to the contrary, the provisions of this Article shall apply to all protected works whatever the date of their publication.

Article L122-11

(inserted by Act No. 95-4 of 3 January 1995 art. 1 Official Journal of 4 January 1995)

The agreements referred to in Article L122-10 may provide for lump sum remuneration in the cases defined in items 1 to 3 of Article L131-4.

Article L122-12

(inserted by Act No. 95-4 of 3 January 1995 art. 1 Official Journal of 4 January 1995)

Approval of the societies referred to in the first paragraph of Article L122-10 shall be given on consideration of:

— the diversity of the partners;

— the professional qualifications of the officers;

— the human and material means they propose to use to administer the reprographicre production right;

— the equitable nature of the conditions foreseen for distributing the amounts collected.

A Decree in Conseil d'Etat shall lay down the conditions for granting and withdrawing such approval and also the choice of the assignee societies in application of the final sentence of the first paragraph of Article L122-10.

Chapter III: Term of Protection

Article L123-1

(Act No. 97-283 of 27 Mars 1997 art. 5 Official Journal of 28 Mars 1997 in force on 1 July 1995)

The author shall enjoy, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive monetary profit therefrom.

On the death of the author, that right shall subsist for his successors in title during the current calendar year and the 70 years thereafter.

Article L123-2

(Act No. 97-283 of 27 Mars 1997 art. 6 Official Journal of 28 Mars 1997 in force on 1 July 1995)

In the case of works of collaboration, the calendar year taken into account shall be that of the death of the last surviving joint author.

In the case of audiovisual works, the calendar year taken into account shall be that of the death of the last survivor of the following joint authors: the author of the scenario, the author of the dialogue, the author of the musical compositions, with or without words, specially composed for the work and the main director.

Article L123-3

(Act No. 97-283 of 27 Mars 1997 art. 7 Official Journal of 28 Mars 1997 in force on 1 July 1995)

In the case of pseudonymous, anonymous or collective works, the term of the exclusive right shall be 70 years from January 1 of the calendar year following that in which the work was published. The publication date shall be determined by any form of proof recognized by the general rules of law, particularly by statutory deposit.

Where a pseudonymous, anonymous or collective work is published in installments, the term shall run as from January 1 of the calendar year following the date on which each installment was published.

Where the author or authors of anonymous or pseudonymous works reveal their identity, the term of the exclusive right shall be that provided for in Article L123-1 or Article L123-2.

The provisions of the first and second paragraphs shall apply only to pseudonymous, anonymous or collective works published during the 70 years following the year of their creation.

Nevertheless, where a pseudonymous, anonymous or collective work is disclosed on the expiry of the term mentioned in the foregoing paragraph, its owner by succession or on another ground who publishes it or causes it to be published shall enjoy exclusive rights for 25 years from January 1 of the calendar year following that of publication.

Article L123-4

(Act No. 97-283 of 27 Mars 1997 art. 1 Official Journal of 28 Mars 1997 in force on 1 July 1995)

In the case of posthumous works, the term of the exclusive right shall be that provided for in Article L123-1. In the case of posthumous works disclosed after the expiry of that term, the term of exclusive rights shall be 25 years from January 1 of the calendar year following that of publication.

The right of exploitation in posthumous works shall belong to the author's successors in title if the work is disclosed during the term referred to in Article L123-1.

If disclosure is made on expiry of that term, the right shall belong to the owners of the work, whether by succession or for other reason, who publish or have the work published.

Posthumous works shall be published separately, except where they constitute only a fragment of a work previously published. They may only be joined with previously published works of the same author if the author's successors in title still enjoy the exploitation rights therein.

Article L123-6

(Act No. 2001-1135 of 3 December 2001 art. 15 IV Official Journal of 4 December 2001 in force on 1 July 2002)

During the term laid down in Article L. 123-1, the surviving spouse, against whom there is no final decision of separation, shall enjoy the usufruct of any right of exploitation that the author has not assigned, irrespective of the type of marriage arrangements and of the rights of usufruct deriving from Articles 756 to 757-3 and 764 to 766 of the Civil Code with respect to other assets of the estate. However, if the author has left forced heirs, the usufruct shall be reduced to the benefit of the heirs, according to the proportions and distinctions laid down by Articles 913 and 914 of the Civil Code.

Such right shall lapse should the spouse contract a new marriage.

Article L123-7

(Act No. 97-283 of 27 Mars 1997 art. 9 Official Journal of 28 Mars 1997 in force on 1 July 1995)

After the death of the author, the resale royalty right referred to in Article L122-8 shall subsist to the benefit of the heirs and, with respect to usufruct laid down in Article L123-6, of the spouse, to the exclusion of all legatees and successors in title, for the current calendar year and 70 years thereafter.

Article L123-8

The rights afforded by the Act of July 14, 1866, on the Rights of Heirs and Successors in Title of Authors to the heirs and other successors in title of authors, composers or artists shall be extended for a period equal to that which elapsed between August 2, 1914, and the end of the year following the day of signature of the peace treaty for all works published prior to that latter date and which had not fallen into the public domain on February 3, 1919.

Article L123-9

The rights afforded by the above mentioned Act of July 14, 1866, and by Article L123-8 to the heirs and successors in title of the authors, composers and artists shall be extended for a period equal to that which elapsed between September 3, 1939, and January 1, 1948, for all works published before that date and which did not fall into the public domain on August 13, 1941.

Article L123-10

The rights referred to in the preceding Article shall be further extended for a term of 30 years if the author, the composer or the artist has died for France, as recorded in the death certificate.

Where the death certificate has neither to be drawn up nor registered in France, the Minister responsible for culture may extend by order to the heirs or other successors in title of the deceased person the benefit of the additional extension of 30 years; such order, issued after obtaining the opinion of the authorities referred to in Article 1 of Ordinance No. 45-2717 of November 2, 1945, may only be issued in those cases where the entry “died for France” would have appeared on the death certificate if such certificate had been drawn up in France.

Article L123-11

Where the rights extended under Article L123-10 have been assigned for consideration, the assignors or their successors in title may apply, within a period of three years as from September 25, 1951, to the assignee or his successors in title for a review of the conditions of the assignment as compensation for the advantages resulting from the extension.

Article L123-12

(inserted by Act No. 97-283 of 27 Mars 1997 art. 10 Official Journal of 28 Mars 1997 in force on 1 July 1995)

Where the country of origin of the work, within the meaning of the Paris Act of the Berne Convention, is a country outside the European Community and the author is not a national of a Member State of the Community, the term of protection shall be that granted in the country of origin of the work, but may not exceed that provided for in Article L123-1.

Chapter I: General Provisions

Article L131-1

Total transfer of future works shall be null and void.

Article L131-2

The performance, publishing and audiovisual production contracts defined in this Title shall be in writing. The same shall apply to free performance authorizations.

In all other cases, the provisions of Articles 1341 to 1348 of the Civil Code shall apply.

Article L131-3

Transfer of authors' rights shall be subject to each of the assigned rights being separately mentioned in the instrument of assignment and the field of exploitation of the assigned rights being defined as to its scope and purpose, as to place and as to duration.

Where special circumstances demand, the contract may be validly concluded by an exchange of telegrams, on condition that the field of exploitation of the assigned rights be defined in compliance with the first paragraph of this Article.

Assignment of audiovisual adaptation rights must be effected by written contract in an instrument separate from the contract relating to publication itself of the printed work.

The assignee shall undertake by such contract to endeavor to exploit the assigned right in accordance with trade practice and to pay to the author, in the event of adaptation, a remuneration that is proportional to the revenue obtained.

Article L131-4

(Act No. 94-361 of 10 May 1994 art. 6 Official Journal of 11 May 1994)

Assignment by the author of the rights in his work may be total or partial. Assignment shall comprise a proportional participation by the author in the revenue from sale or exploitation of the work.

However, the author's remuneration may be calculated as a lump sum in the following cases:

1°.the basis for calculating the proportional participation cannot be practically determined;

2°.the means of supervising the participation are lacking;

3°.the cost of the calculation and supervising operations would be out of proportion with the expected results;

4°.the nature or conditions of exploitation make application of the rule of proportional remuneration impossible, either because the author's contribution does not constitute one of the essential elements of the intellectual creation of the work or because the use of the work is only of an accessory nature in relation to the subject matter exploited;

5°.assignment of rights in software;

6°.in the other cases laid down in this Code.

Conversion, at the author's request, between the parties of the rights under existing contracts to lump sum annuities for periods to be determined between the parties shall also be lawful.

Article L131-5

If the exploitation right has been assigned and the author suffers a prejudice of more than seven-twelfths as a result of a burdensome contract or of insufficient advance estimate of the proceeds from the work, he may demand review of the price conditions under the contract.

Such demand may only be formulated where the work has been assigned against lump sum remuneration.

The burdensome contract shall be assessed taking into account the overall exploitation by the assignee of the works of the author who claims to have suffered a prejudice.

Article L131-6

Any assignment clause affording the right to exploit a work in a form that is unforeseeable and not foreseen on the date of the contract shall be explicit and shall stipulate participation correlated to the profits from exploitation.

Article L131-7

In the event of partial assignment, the assignee shall replace the author in the exercise of the assigned rights subject to the conditions and limitations and for the duration laid down in the contract, and with the obligation to render accounts.

Article L131-8

With regard to payment of the royalties and remuneration due to them for the last three years for the assignment, exploitation or use of their works, as defined in Article L112-2 of this Code, the authors, composers and artists shall enjoy the privilege set out in item 4 of Article 2101 and in Article 2104 of the Civil Code.

Section 1 Publishing Contracts

Article L132-1

A publishing contract is a contract by which the author of a work of the mind or his successors in title assign under specified conditions to a person referred to as the publisher the right to manufacture or have manufactured a number of copies of the work, it being for the latter to ensure publication and dissemination thereof.

Article L132-2

A contract at the author's expense shall not constitute a publishing contract within the meaning of Article L132-1.

Under such contract, the author or his successors in title pay to the publisher an agreed remuneration against which the latter manufactures a number of copies of the work in the form and according to the modes of expression specified in the contract and ensures their publication and dissemination.

Such contract constitutes a contract for hire governed by convention, usage and the provisions of Articles 1787 et seq. of the Civil Code.

Article L132-3

A contract at joint expense shall not constitute a publishing contract within the meaning of Article L132-1.

Under such contract, the author or his successors in title commission a publisher to manufacture at his expense a number of copies of the work in the form and according to the modes of expression specified in the contract and to ensure their publication and dissemination in accordance with the agreement reciprocally contracted to share profits and losses of exploitation in the agreed proportion.

Such contract shall constitute a joint undertaking. It shall be governed, subject to the provisions of Articles 1871 et seq. of the Civil Code, by convention and usage.

Article L132-4

A clause by which the author undertakes to afford a right of preference to a publisher for the publication of his future works of clearly specified kinds shall be lawful.

Such right shall be limited, for each kind of work, to five new works as from the day of signature of the publishing contract concluded for the first work or to works produced by the author within a period of five years from that same date.

The publisher shall exercise the right afforded him by notifying the author in writing of his decision within three months of the date on which the author has delivered to him each final manuscript.

If the publisher enjoying the right of preference successively refuses two new works submitted by the author of the kind laid down in the contract, the author may immediately and automatically recover his liberty with respect to any future works he produces of that kind. However, if he has received advances from the first publisher against his future works, he must first refund such advances.

Article L132-5

The contract may lay down either remuneration proportional to the proceeds of exploitation or, in the cases referred to in Articles L. 131-4 and L132-6, a lump sum remuneration.

Article L132-6

In the case of trade editions, the author's remuneration for the first edition may also be in the form of a lump sum, subject to the formally expressed agreement of the author, in the following cases:

1°.scientific and technical works;

2°.anthologies and encyclopedias;

3°.prefaces, annotations, introductions, forewords;

4°.illustrations for a work;

5°.limited deluxe editions;

6°.prayer books;

7°.at the request of the translator, in the case of translations;

8°.inexpensive popular editions;

9°.inexpensive picture books for children.

Lump sum remuneration may also be paid for the assignment of rights by or to a person or enterprise established abroad.

In the case of works of the mind published in newspapers and periodicals of any kind and by press agencies, the remuneration of an author bound to the information enterprise by a contract for hire or of service may also be laid down as a lump sum.

Article L132-7

The personal consent of the author given in writing shall be obligatory.

Notwithstanding the provisions that govern contracts made by minors and adults under guardianship, consent shall be required even in the case of a legally incompetent author, unless he is physically unable to give his consent.

The provisions of the preceding paragraph shall not apply if the publishing contract is signed by the author's successors in title.

Article L132-8

The author shall guarantee the publisher the undisturbed and, unless otherwise agreed, exclusive exercise of the right assigned.

He shall be required to ensure respect for the right and to defend it against any possible violation.

Article L132-9

The author shall put the publisher in a position to manufacture and disseminate copies of the work.

He shall deliver to the publisher, within the period of time stipulated in the contract, the subject matter of publication in a form permitting normal manufacture.

The subject matter of publication furnished by the author shall remain the property of the author unless otherwise agreed or technically impossible. The publisher shall remain responsible for the subject matter of publication for a period of one year after completion of manufacture.

Article L132-10

The publishing contract must state the minimum number of copies that constitute the first printing. However, this obligation shall not apply to contracts laid down at minimum royalties guaranteed by the publisher.

Article L132-11

The publisher shall be required to manufacture the work or have it manufactured under the conditions, in the form and according to the modes of expression laid down in the contract.

He may not make any modification to the work without the written authorization of the author.

Unless otherwise agreed, he shall place on each of the copies the name, pseudonym or symbol of the author.

Unless there is a special agreement, the publisher shall complete the publication within the term customary in the trade.

In the case of a contract of fixed duration, the rights of the assignee shall lapse automatically on expiry of that term without need of any formal notice.

However, for three years after expiry of that term, the publisher may continue to market at the normal price the copies remaining in stock, unless the author prefers to buy the copies at a price which, in the absence of an amicable agreement, shall be fixed according to expert opinion, whereby this faculty afforded the first publisher shall not prevent the author from proceeding with a new edition within a period of 30 months.

Article L132-12

The publisher shall be required to ensure continuous and sustained exploitation and commercial dissemination of the work in accordance with the practices of the trade.

Article L132-13

The publisher shall be required to render accounts.

In the absence of special conditions stipulated in the contract, the author may require the publisher to produce, at least once a year, a statement of the number of copies manufactured during the period in question and specifying the date and size of the printings and the number of copies in stock.

In the absence of contrary usage or agreement, the statement shall also contain the number of copies sold by the publisher, the number of copies that cannot be used or have been destroyed by accident or due to unavoidable circumstances and the amount of royalties due or paid to the author.

Article L132-14

The publisher shall be required to furnish the author with all evidence required to establish the accuracy of his accounts.

If the publisher fails to provide the necessary evidence, he shall be obliged to do so by the court.

Article L132-15

Judicial rehabilitation of the publisher shall not terminate the contract. Where activities are continued in application of Articles 31 et seq. of Act No. 85-98 of January 25, 1985, on the Judicial Rehabilitation and Liquidation of Enterprises, all of the publisher's obligations with regard to the author shall be respected.

Where the publishing enterprise is sold in application of Articles 81 et seq. of the above-mentioned Act No. 85-98 of January 25, 1985, the purchaser shall be held to the obligations of the seller.

Where the activities of the enterprise have ceased more than three months earlier or where judicial liquidation is pronounced, the author may request termination of the contract.

The liquidator may not sell at reduced price or sell out the manufactured copies in accordance with Articles 155 and 156 of Act No. 85-98 of January 25, 1985, referred to above, until at least 15 days after having notified the author of his intention by means of a registered letter with acknowledgment of receipt.

The author shall have a right of preemption on all or part of the copies. Failing agreement, the price shall be fixed by expert opinion.

Article L132-16

The publisher may not transmit the benefits of the publishing contract to a third party, for or without payment, or as a contribution to the assets of a partnership, independently of the business, without first having obtained the authorization of the author.

In the event of transfer of the business in such a way as to seriously compromise the material and moral interests of the author, the latter shall be entitled to obtain reparation even by means of termination of the contract.

Where the publishing business was run as a company or a coparcenary, the allocation of the business to one of the former partners or one of the coparceners, as a consequence of liquidation or division, shall in no case be considered a transfer.

Article L132-17

The publishing contract shall end, independently of the cases laid down in the general rules of law or in the preceding Articles, when the publisher carries out the complete destruction of the copies.

The contract shall terminate automatically if, upon formal notice by the author fixing a reasonable period of time, the publisher has not effected publication of the work or, should the work be out of print, its republication.

The work shall be deemed out of print if two orders for delivery of copies addressed to the publisher have not been met within three months.

If, in the event of the author's death, the work is incomplete, the contract shall be rescinded as regards the unfinished part of the work, except as otherwise agreed between the publisher and the author's successors in title.

Section 2: Performance Contracts

Article L132-18

A performance contract is a contract under which the author of a work of the mind or his successors in title authorize a natural or legal person to perform such a work under the conditions they stipulate. A general performance contract means a contract under which a professional body of authors grants to an entertainment promoter the right to perform, for the duration of the contract, the existing or future works constituting the repertoire of such body under the conditions stipulated by the author or his successors in title.

In the case referred to in the preceding paragraph, the requirements of Article L131-1 may be waived.

Article L132-19

A performance contract shall be concluded for a limited duration or for a specific number of communications to the public.

Unless exclusive rights are expressly stipulated, it shall not afford the entertainment promoter an exploitation monopoly.

The validity of the exclusive rights afforded by a playwright may not exceed five years; the interruption of performances for two consecutive years shall automatically terminate the contract.

An entertainment promoter may not transfer the benefit of his contract without formal consent given in writing by the author or his representative.

Article L132-20

Unless otherwise agreed:

1°.authorization to telediffuse a work by electromagnetic waves shall not include cable distribution of such telediffusion, unless made simultaneously and integrally by the organization holding the authorization and without extension of the contractually stipulated geographical area;

2°.authorization to telediffuse the work shall not constitute an authorization to communicate the telediffusion of the work in a place to which the public has access;

3°.authorization to telediffuse the work by electromagnetic waves shall not include its transmission towards a satellite enabling the work to be received by the intermediary of other organizations unless the authors or their successors in title have contractually authorized the latter organizations to communicate the work to the public; in such case, the emitting organization shall be exempted from paying any remuneration.

Article L132-20-1

(inserted by Act No. 97-283 of 27 Mars 1997 art. 2 Official Journal of 28 Mars 1997)

I. As from the date of the entry into force of Act No. 97-283 of March 27, 1997, the right to authorize the simultaneous, complete and unchanged cable retransmission on the national territory of a work broadcast from a Member State of the European Community may be exercised only through a royalty collection and distribution society. If that society is governed by Title II of Book III, it shall be approved for the purpose by the Minister responsible for culture.

Where the owner of the rights has not already entrusted the management of those rights to such a society, he shall designate that to which he entrusts the exercise thereof. He shall notify the designation in writing to the society, which may not refuse it.

The contract authorizing the broadcasting of a work on the national territory shall mention the society responsible for exercising the right to authorize the simultaneous, complete and unchanged cable retransmission thereof in Member States of the European Community.

The approval provided for in the first paragraph shall be granted in consideration of:

1°.the professional qualifications of the directors of the societies, and the means that the societies are able to bring to bear for the exercise of the rights specified in the first paragraph and the exploitation of works in their repertoire;

2°.the size of their repertoire;

3°.their observance of the obligations imposed on them by the provisions of Title II of Book III.

A Decree in Conseil d'Etat shall lay down the conditions for the grant and revocation of approval. It shall also, in the case provided in the second paragraph, lay down the procedure for the designation of the society responsible for the management of the right of retransmission.

II. Notwithstanding paragraph I, the owner of the rights may license those rights to an audiovisual communication enterprise.

The provisions of paragraph I shall not apply to rights licensed to an audiovisual communication enterprise.

Article L132-20-2

(inserted by Act No. 97-283 of 27 Mars 1997 art. 2 Official Journal of 28 Mars 1997)

Mediators shall be appointed, without prejudice to the right of the parties to go to court, in order to promote the settlement of disputes concerning the grant of authorization for the simultaneous, complete and unchanged cable retransmission of a work.

In the absence of an amicable settlement, the mediator may propose to the parties the solution that seems appropriate to him, which the said parties shall be deemed to have accepted if they have not expressed their opposition in writing within a period of three months.

A Decree in Conseil d'Etat shall specify the conditions for the application of this Article and lay down the procedure for the designation of mediators.

Article L132-21

An entertainment promoter shall be required to notify to the author or his representatives the exact program of public performances and to supply to them a documented statement of receipts. He shall pay into the hands of the author or his representatives at the agreed times the amount of the stipulated royalties.

However, when municipalities organize local and public celebrations and when societies for popular education, recognized by the administrative authorities, organize gatherings within the scope of their activities, they shall enjoy a reduction in those royalties.

Article L132-22

An entertainment promoter shall ensure that public performance takes place under technical conditions that guarantee respect for the author's intellectual and moral rights.

Section 3: Audiovisual Production Contracts

Article L132-23

The natural or legal person who takes the initiative and responsibility for making the work shall be deemed the producer of an audiovisual work.

Article L132-24

Contracts binding the producer and the authors of an audiovisual work, other than the author of a musical composition with or without words, shall imply, unless otherwise stipulated and notwithstanding the rights afforded to the author by Articles L111-3, L121-4, L121-5, L122-1 to L122-7, L123-7, L131-2 to L131-7, L132-4 and L132-7, assignment to the producer of the exclusive exploitation rights in the audiovisual work.

Audiovisual production contracts shall not imply assignment to the producer of the graphic rights and theatrical rights in the work.

Contracts shall lay down the list of those elements that have served to make the work that are to be conserved as also the conditions of conservation.

Article L132-25

Remuneration shall be due to the authors for each exploitation mode.

Subject to Article L131-4, where the public pays a price to receive communication of a given, individually identifiable audiovisual work, remuneration shall be proportional to such price, subject to any decreasing tariffs afforded by the distributor to the operator; the remuneration shall be paid to the authors by the producer.

Article L132-26

The author shall guarantee to the producer the undisturbed exercise of the rights assigned.

Article L132-27

The producer shall be required to exploit the audiovisual work in conformity with the practice of the trade.

Article L132-28

The producer shall furnish at least once a year to the author and the joint authors a statement of revenue from exploitation of the work in respect of each exploitation mode.

At their request, he shall furnish to them all evidence necessary to establish the accuracy of the accounts, in particular copies of the contracts in which he assigns to third parties all or a part of the rights he enjoys.

Article L132-29

Unless agreed otherwise, each of the authors of an audiovisual work may freely dispose of the part of the work that constitutes his personal contribution, for the purpose of exploiting it in a different field, within the limits laid down in Article L113-3.

Article L132-30

Judicial rehabilitation of the producer shall not imply termination of the audiovisual production contract.

Where the making or exploitation of the work is continued under Articles 31 et seq. of Act No. 85-98 of January 25, 1985, on the Judicial Rehabilitation and Liquidation of Enterprises, the receiver shall be required to respect all of the producer's commitments, particularly as regards the joint authors.

In the event of sale of all or a part of the enterprise or of liquidation, the receiver, the debtor or the liquidator, as appropriate, shall be required to establish a separate lot for each audiovisual work that may be subject to assignment or to auction. He shall be required to inform, on pain of nullity, each of the authors and coproducers of the work by registered letter one month before any decision on assignment or any procedure for sale by auction of property held indivisum. The acquirer shall similarly be held to the obligations of the seller.

The author and the joint authors shall have a right of preemption in respect of the work unless one of the coproducers states his intention to acquire. Failing agreement, the purchase price shall be fixed by expert opinion.

Where the activities of the enterprise have ceased for more than three months or where liquidation is ordered, the author and the joint authors may require termination of the audiovisual production contract.

Section 4: Commission Contracts for Advertising

Article L132-31

In the case of a commissioned work used for advertising, the contract between the producer and the author shall imply, unless otherwise stipulated, assignment to the producer of the exploitation rights in the work on condition that the contract specify the separate remuneration payable for each mode of exploitation of the work as a function, in particular, of the geographical area, the duration of exploitation, the size of the printing and the nature of the medium.

An agreement between the organizations representing the authors and the organizations representing the advertising producers shall lay down the basic elements used to form the remuneration that corresponds to the various uses of works.

The term of the agreement shall be of between one and five years.

Its provisions may be made compulsory for all the parties by way of decree.

Article L132-32

Failing agreement concluded either prior to April 4, 1986, or on the date of expiry of the preceding agreement, the bases for the remuneration referred to in the second paragraph of Article L132-31 shall be determined by a committee chaired by a magistrate of the judiciary designated by the First President of the Cour de cassation, and composed, in addition, of one member of the Conseil d'Etat designated by the Vice President of the Conseil d'Etat, one qualified person designated by the Minister responsible for culture, on the one hand, and an equal number of members designated by the organizations representing the authors and of members designated by the organizations representing the advertising producers, on the other.

Article L132-33

The organizations entitled to designate members of the Committee and the number of persons each organization shall be entitled to designate shall be specified by an order of the Minister responsible for culture.

The Committee shall take its decisions on a majority of the members present. In the event of an equally divided vote, the Chairman shall have a casting vote.

The Committee's decisions shall be enforceable if, within one month, its Chairman has not requested a second decision.

The decisions of the Committee shall be published in the Official Journal of the French Republic.

Chapter III: The payment for book lending in a library

Article L133-1

(Act n° 2003-517 of 18 June 2003, Art.1, Official journal of 19 June 2003, in force on 1 august 2003)

When a work is subject to a publishing contract for its publication and distribution in a book form, the author may not object to the lending of copies of this publication by a library open to the public.

The lending creates a right for payment in favour of the author in accordance with the conditions set in Article L133-4.

Article L133-2

(Act n° 2003-517 of June 2003, Art. 1, Official Journal of 19 June 2003, in force on 1 august 2003)

The payment stipulated in article L133-1 shall be collected by one or several collection and distribution companies of royalties who are governed by Title II of Book III and licensed by the Minister responsible for culture.

The licenses stipulated in the first paragraph shall be delivered in consideration:

-          of the diversity of partners

-          of the professional qualification of the managers

-          of the means that the company puts in place to insure the collection and distribution of the payment for lending in library;

-          of the equitable representation of authors and publishers among the partners and within the management organs.

A decree in Conseil d'Etat shall determine the conditions for the delivery and withdrawal of licences.

Article L133-3

(Act n° 2003-517 of June 2003, Art. 1, Official Journal of June 2003, in force on 1 august 2003)

The payment stipulated in the second paragraph of Article L133-1 shall comprise two parts.

The first part, borne by the State, shall be determined on the basis of a fixed contribution paid by each subscribed user of libraries open to the public for lending with the exception of school libraries. A decree in Conseil d'Etat shall determine the amount of the contribution, which may be different for libraries of higher institutions, and the conditions to determine the number of subscribed users to be taken into account for the computation of this part.

The second part shall be fixed on the basis of public price before taxes of books bought by legal persons, mentioned in the third paragraph (2°) of Article 3 of Act n° 81-766 of 10 August 1981 on book price, for their libraries open to the public for lending. This part is paid by the suppliers who operate these sales. The rate of the payment is 6% of the market price of the sale.

Article L133-4

(Act n° 2003-517 of 18 June 2003, Art. 1, Official Journal f 19 June 2003, in force on 1 august 2003)

The payment for book lending in a library is divided according to the following criteria.

1° A first part shall be divided on equal shares between authors and publishers in proportion to the number of books bought each year by legal persons, mentioned in the third paragraph (2°) of article 3 of Act n° 81-766 of 10 August 1981 aforementioned, for their libraries, fixed on the basis of the information that these persons and their suppliers communicate to the company or companies mentioned in Article L133-2.

2° A second part, which may not exceed half of the total, shall be allocated to take in charge of a fraction of the contributions, owed for complementary pension, by the persons mentioned in the second paragraph of article L382-12 of the Social Security Code.

Article L335-4

(Act No. 94-102 of 5 February 1994 Art. 2 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 2 Official Journal of 2 July 1998)

(Order n° 2000-916 of 19 September 2000, Art. 3, Official Journal of 22 September 2000, in force on 1 January 2002)

(Act n° 2003-517 of June 2003, Art. 1, Official Journal of June 2003, in force on 1 august 2003)

Shall be punishable with a two-year prison term and a fine of €150.000 any fixation, reproduction, communication or making available to the public, on payment or free of charge, or any telediffusion of a performance, a phonogram, a videogram or a program made without authorization, where such is required, of the performer, the phonogram or videogram producer or the audiovisual communication enterprise.

Shall be subjected to the same penalties any importation or exportation of phonograms or videograms made without the authorization of the producer or the performer, where such is required.

Shall be subject to the fine laid down in the first paragraph above the failure to pay the remuneration due to the author, the performer or the phonogram or videogram producer in respect of private copying or public communication or of the telediffusion of phonograms.

Shall be subject to the fine laid down in the first paragraph the failure to pay the contribution mentioned in paragraph three of article L133-3.

Section 5: Pledging the Right to Exploit Software

Article L132-34

(inserted by Act No. 94-361 of 10 May 1994 art. 7 Official Journal of 11 May 1994)

Notwithstanding the provisions of the Act of March 17, 1909, on the Sale and Mortgaging of Businesses, the right of exploitation of an author of software, as defined in Article L122-6, may be pledged subject to the following conditions:

The pledge shall be set out in writing on pain of nullity.

The pledge shall be entered, failing which it shall not be invokable, in a special register kept by the National Institute of Industrial Property. The entry shall state precisely the basis for the security and, particularly, the source codes and operating documents.

The ranking of entries shall be determined by the order in which they are requested.

The entries of pledges shall lapse, unless renewed beforehand, on expiry of a period of five years.

A Decree in Conseil d'Etat shall lay down the implementing conditions for this Article.

Chapter I: General Provisions

Article L211-1

Neighboring rights shall not prejudice authors' rights. Consequently, no provision in this Title shall be interpreted in such a way as to limit the exercise of copyright by its owners.

Article L211-2

In addition to any person having a justified interest, the Minister responsible for culture shall be entitled to take legal action, particularly where there is no known successor in title or where there is no heir or no spouse entitled to inherit.

Article L211-3

The beneficiaries of the rights afforded by this Title may not prohibit:

1°.private and gratuitous performances carried out exclusively within the family circle;

2°.reproductions strictly reserved for private use by the person who has made them and not intended for any collective use;

3°.subject to adequate elements of identification of the source:

— analyses and brief quotations justified by the critical, polemic, educational, scientific or informatory nature of the work in which they are incorporated;

— press reviews;

— dissemination, even in full, for the purposes of current affairs information, of speeches intended for the public in political, administrative, judicial or academic assemblies and in public meetings of a political nature and in official ceremonies;

4°.parody, pastiche and caricature, observing the rules of the genre.

Article L211-4

(Act No. 97-283 of 27 Mars 1997 art. 11 Official Journal of 28 Mars 1997 in force on 1 July 1995)

The term of the economic rights provided for in this Title shall be 50 years from January 1 of the calendar year following that of:

— the performance for performers;

— the first fixation of a sequence of sounds for phonogram producers, and of a sequence of images with or without sound for videogram producers;

— the first communication to the public of the programs referred to in Article L216-1 for audiovisual communication companies.

However, where a fixation of the performance, a phonogram or a videogram is included in a communication to the public during the term defined in the first three paragraphs, the economic rights of the performer or phonogram or videogram producer shall not expire until 50 years after January 1 of the calendar year following that of the said communication to the public.

Article L211-5

(inserted by Act No. 97-283 of 27 Mars 1997 art. 12 Official Journal of 28 Mars 1997 in force on 1 July 1995)

Subject to the provisions of international treaties to which France is party, the owners of neighboring rights who are not nationals of a Member State of the European Community shall be given the term of protection provided for in the country of which they are nationals, but that term may not exceed that provided for in Article L211-4.

Chapter II: Rights of Performers

Article L212-1

Save for ancillary performers, considered such by professional practice, performers shall be those persons who act, sing, deliver, declaim, play in or otherwise perform literary or artistic works, variety, circus or puppet acts.

Article L212-2

A performer shall have the right to respect for his name, his capacity and his performance.

This inalienable and imprescriptible right shall attach to his person.

It may be transmitted to his heirs in order to protect his performance and his memory after his death.

Article L212-3

The performer's written authorization shall be required for fixation of his performance, its reproduction and communication to the public as also for any separate use of the sounds or images of his performance where both the sounds and images have been fixed.

Such authorization and the remuneration resulting therefrom shall be governed by Articles L762-1 and L762-2 of the Labor Code, subject to Article L212-6 of this Code.

Article L212-4

The signature of a contract between the performer and a producer for the making of an audiovisual work shall imply the authorization to fix, reproduce and communicate to the public the performance of the performer.

Such contract shall lay down separate remuneration for each mode of exploitation of the work.

Article L212-5

Where neither a contract nor a collective agreement mention the remuneration for one or more modes of exploitation, the amount of such remuneration shall be determined by reference to the schedules established under specific agreements concluded, in each sector of activity, between the employees' and employers' organizations representing the profession.

Article L212-6

Article L762-2 of the Labor Code shall only apply to that part of the remuneration paid in accordance with the contract that exceeds the bases laid down in the collective agreement or specific agreement.

Article L212-7

Contracts concluded prior to January 1, 1986, between a performer and a producer of audiovisual works or their assignees shall be subject to the preceding provisions in respect of those modes of exploitation which they excluded. The corresponding remuneration shall not constitute a salary. This right of remuneration shall lapse at the death of the performer.

Article L212-8

The provisions of the agreements referred to in the preceding Articles may be made compulsory within each sector of activity for all the parties concerned by order of the responsible Minister.

Article L212-9

Failing agreement concluded in accordance with Articles L212-4 to L212-7, either prior to January 4, 1986, or at the date of expiry of the preceding agreement, the types and bases of remuneration for the performers shall be determined, for each sector of activity, by a committee chaired by a magistrate of the judiciary designated by the First President of the Cour de cassation and composed, in addition, of one member of the Conseil d'Etat designated by the Vice President of the Conseil d'Etat, one qualified person designated by the Minister responsible for culture and an equal number of representatives of the employees' organizations and representatives of the employers' organizations.

The Committee shall take its decisions on a majority of the members present. In the event of equally divided voting, the Chairman shall have a casting vote. The Committee shall decide within three months of the expiry of the time limit laid down in the first paragraph of this Article.

Its decision shall have effect for a duration of three years, unless the parties concerned reach an agreement prior to that date.

Article L212-10

Performers may not prohibit the reproduction and public communication of their performance if it is accessory to an event that constitutes the main subject of a sequence within a work or an audiovisual document.

Chapter III: Rights of Phonogram Producers

Article L213-1

The natural or legal person who takes the initiative and responsibility for the initial fixation of a sequence of sounds shall be deemed the phonogram producer.

The authorization of the phonogram producer shall be required prior to any reproduction, making available to the public by way of sale, exchange or rental, or communication to the public of his phonogram, other than those referred to in Article L214-1.

Chapter IV: Provisions Common to Performers and Phonogram Producers

Article L214-1

Where a phonogram has been published for commercial purposes, neither the performer nor the producer may oppose:

1°.its direct communication in a public place where it is not used in an entertainment;

2°.its broadcasting or the simultaneous and integral cable distribution of such broadcast.

Such uses of phonograms published for commercial purposes shall entitle the performers and producers to remuneration whatever the place of fixation of such phonograms.

Such remuneration shall be paid by the persons who use the phonograms published for commercial purposes under the conditions set out in items 1 and 2 of this Article.

It shall be based on the revenue from exploitation or, failing that, calculated as a lump sum in the cases laid down in Article L131-4.

It shall be shared half each between the performers and the phonogram producers.

Article L214-2

Subject to the international conventions, the right to remuneration afforded by Article L214-1 shall be shared between the performers and phonogram producers for phonograms fixed for the first time in France.

Article L214-3

The schedule of remuneration and the conditions of payment of the remuneration shall be laid down by specific agreements for each branch of activity between the organizations representing the performers, the phonogram producers and the persons using phonograms as laid down in items 1 and 2 of Article L214-1.

Such agreements shall set out the terms under which the persons using phonograms under such conditions shall satisfy their obligation to furnish to the royalty collection and distribution societies the precise program of the uses which they make and all the documentary elements that are indispensable for distributing the royalties.

The provisions of such agreements may be made compulsory for all the parties concerned by order of the Minister responsible for culture.

The term of such agreements shall be of between one and five years.

Article L214-4

Failing agreement prior to June 30, 1986, or if no agreement has been reached on expiry of the preceding agreement, the schedule of remuneration and the conditions for paying the remuneration shall be decided by a Committee chaired by a magistrate of the judiciary designated by the First President of the Cour de cassation and composed, in addition, of one member of the Conseil d'Etat designated by the Vice President of the Conseil d'Etat, of one qualified person designated by the Minister responsible for culture and of an equal number of members designated by the organizations representing the beneficiaries of the right to remuneration and of members designated by the organizations representing those persons who, in the branch of activity concerned, use the phonograms in accordance with the conditions laid down in items 1 and 2 of Article L214-1.

The organizations entitled to designate members of the Committee and the number of persons each organization shall be entitled to designate shall be laid down by an order of the Minister responsible for culture.

The Committee shall take its decisions on a majority of the members present. In the event of equally divided voting, the Chairman shall have a casting vote.

The decisions of the Committee shall be enforceable if, within a period of one month, its Chairman has not requested a second decision.

The decisions of the Committee shall be published in the Official Journal of the French Republic.

Article L214-5

The remuneration referred to in Article L214-1 shall be collected on behalf of the entitled persons and distributed among them by one or more bodies as referred to in Title II of Book III.

Chapter V: Rights of Videogram Producers

Article L215-1

The natural or legal person who takes the initiative and the responsibility for the initial fixation of a sequence of images, whether accompanied by sounds or not, shall be deemed the videogram producer.

The authorization of the videogram producer shall be required prior to any reproduction, any making available to the public by means of sale, exchange or rental, or any communication to the public of his videogram.

The rights afforded to a videogram producer under the preceding paragraph, the authors' rights and the performers' rights of which he disposes in respect of the work fixed on the videogram may not be separately assigned.

Chapter VI: Rights of Audiovisual Communication Companies

Article L216-1

The authorization of the audiovisual communication enterprise shall be required for any reproduction of its programs, any making them available to the public by sale, rental or exchange, any telediffusion and communication to the public in a place to which the latter has access in exchange for the payment of an entry fee.

Those bodies that exploit an audiovisual communication service within the meaning of Act No. 86-1067 of September 30, 1986, on the Freedom of Communication, whatever the arrangements applicable to that service, shall be designated audiovisual communication enterprises.

Chapter VII: Provisions Applicable to Satellite Broadcasting and Cable Retransmission

Article L217-1

(inserted by Act No. 97-283 of 27 Mars 1997 art. 3 Official Journal of 28 Mars 1997)

The rights neighboring on copyright that relate to the satellite broadcasting of a performer's performance, a phonogram, a videogram or the programs of an audiovisual communication enterprise shall be governed by the provisions of this Code in so far as the broadcasting takes place under the conditions specified in Articles L122-2-1 and L122-2-2.

In the cases provided for in Article L122-2-2, those rights may be exercised in relation to the persons referred to in subparagraphs (i) and (ii) of that Article.

Article L217-2

(inserted by Act No. 97-283 of 27 Mars 1997 art. 3 Official Journal of 28 Mars 1997)

I. Where it is provided for in this Code, the right to authorize the simultaneous, complete and unchanged cable retransmission, on the national territory, of a performer's performance, a phonogram or a videogram broadcast from a Member State of the European Community may only be exercised, as from the date of the entry into force of Act No. 97-283 of March 27, 1997, by a royalty collection and distribution. If the society in question is governed by Title II of Book III, it must be approved for the purpose by the Minister responsible for culture.

Where the owner of the rights has not entrusted their management to a royalty collection and distribution society, he shall designate that to which he entrusts the exercise thereof. He shall notify the designation in writing to the society, which may not refuse it.

The contract authorizing the broadcasting on the national territory of a performer's performance, a phonogram or a videogram shall mention the society, if any, responsible for exercising the right to authorize the simultaneous, complete and unchanged cable retransmission thereof in the Member States of the European Community.

The approval provided for in the first paragraph shall be granted in consideration of the criteria listed in Article L132-20-1.

A Decree in Conseil d'Etat shall lay down the conditions for the grant and revocation of approval. It shall also, in the case provided for in the second paragraph, lay down the procedure for the designation of the society responsible for the management of the right of retransmission.

II. Notwithstanding paragraph I, the owner of the rights may license those rights to an audiovisual communication enterprise.

The provisions of paragraph I shall not apply to rights licensed to an audiovisual communication enterprise.

Article L217-3

(inserted by Act No. 97-283 of 27 Mars 1997 art. 3 Official Journal of 28 Mars 1997)

Mediators shall be appointed, without prejudice to the right of the parties to go to court, in order to promote the settlement of disputes concerning the grant of authorization, where required, for the simultaneous, complete and unchanged cable retransmission of subject matter protected by the rights laid down in this Title.

In the absence of an amicable settlement, the mediator may propose to the parties the solution which seems appropriate to him, which the parties shall be deemed to have accepted if they have not expressed their opposition in writing within a period of three months.

A Decree in Conseil d'Etat shall specify the conditions for the application of this Article and lay down the procedure for the designation of mediators.

Sole Chapter

Article L311-1

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2001-624 of 17 July 2001 art. 15 I Official Journal of 18 July 2001)

The authors and performers of works fixed on phonograms or videograms and the producers of such phonograms or videograms shall be entitled to remuneration for the reproduction of those works made in accordance with item 2 of Article L122-5 and item 2 of Article L211-3.

The authors and publishers of works fixed on any other medium are also entitled to remuneration for the reproduction of those works made in accordance with item 2 of Article L122-5 and item 2 of Article L211-3, on a digital recording medium.

Article L311-2

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2001-624 of 17 July 2001 art. 15 II  Official Journal of 18 July 2001)

Subject to the international conventions, the right to remuneration referred to in Articles L214-1 and in the first paragraph of article L311-1, shall be shared between the authors, performers, phonogram or videogram producers in respect of phonograms and videograms fixed for the first time in France.

Article L311-3

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The remuneration for private copying shall be assessed, under the conditions defined below, as a lump sum as laid down in the second paragraph of Article L131-4.

Article L311-4

(Act No. 92-677 of 17 July 1992 art. 119 Official Journal of 19 July 1992 in force on 1 January 1993)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2001-624 of 17 July 2001 art. 15 III Official Journal of 18 July 2001)

The remuneration provided for in Article L.311-3 shall be paid by the manufacturer, the importer or the person making an intra-Community acquisition, within the meaning of paragraph 3 of point I of Article 256 bis of the Code général des impôts, of recording mediums that may be used for reproduction of works for private use, at the time these mediums enter into circulation in France.

The amount of the remuneration shall depend on the type of medium and the recording time it provides.

Article L311-5

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The types of medium, the rates of remuneration and the conditions of payment of such remuneration shall be determined by a Committee chaired by a representative of the State and composed, in addition, in half of persons designated by organizations representing the beneficiaries of the right of remuneration, in quarter of persons designated by the organizations representing the manufacturers or importers of the mediums referred to in the first paragraph of the preceding Article and in quarter of persons designated by the organizations representing the consumers.

The organizations entitled to designate members of the Committee and the number of persons that each organization shall be entitled to designate shall be determined by an order of the Minister responsible for culture.

The Committee shall take its decisions on a majority of the members present. In the event of equally divided voting, the Chairman shall have a casting vote.

The decisions of the Committee shall be enforceable if, within one month, its Chairman has not requested a second decision.

The decisions of the Committee shall be published in the Official Journal of the French Republic.

Article L311-6

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The remuneration referred to in Article L311-1 shall be collected on behalf of the entitled persons by one or more bodies as referred to in Title II of this Book.

It shall be distributed between the entitled persons by the bodies referred to in the preceding paragraph as a function of the private reproductions of which each work has been the subject.

Article L311-7

(Act No. 95-4 of 3 January 1995 art. 2 Official Journal of 4 January 1995)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2001-624 of 17 July 2001 art. 15 IV  Official Journal of 18 July 2001)

The remuneration for private copying of phonograms shall belong in half to the authors within the meaning of this Code, in quarter to the performers and in quarter to the producers.

The remuneration for private copying of videograms shall belong in equal parts to the authors within the meaning of this Code, the performers and the producers.

The remuneration for private copying of the works referred to in Article L311-1 shall belong in equal parts to the authors and the publishers.

Article L311-8

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2001-624 of 17 July 2001 art. 15 V  Official Journal of 18 July 2001)

The remuneration for private copying shall be refunded when the recording medium is acquired for their own use or production by:

1°.audiovisual communication enterprises;

2°.phonogram or videogram producers and persons who carry out the reproduction of phonograms or videograms on behalf of the producers;

2° bis. The publishers of works published on digital mediums;

3°.legal persons or bodies, of which the list shall be established by the Minister responsible for culture, that use recording mediums for the purpose of assisting persons with sight or hearing disability.

Sole Chapter

Article L321-1

(Act No. 97-283 of 27 Mars 1997 art. 4 I Official Journal of 28 Mars 1997)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The societies for the collection and distribution of authors' royalties and the royalties of performers and phonogram and videogram producers shall be established in the form of civil law companies.

The members must be authors, performers, phonogram or videogram producers, publishers or their successors in title. Such duly established civil law societies shall be entitled to take legal action to defend the rights for which they are responsible under their statutes.

Actions seeking the payment of the royalties charged by such civil law companies shall be statute-barred after ten years from the date on which they were charged, that period being suspended until the date of their allocation.

Article L321-2

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Contracts concluded by the civil law societies of authors or of owners of neighboring rights, in implementation of their purpose, with the users of all or part of their repertoire shall constitute civil law instruments.

Article L321-3

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The draft statutes and general regulations of the royalty collection and distribution societies shall be addressed to the Minister responsible for culture.

Within one month of receipt, the Minister may apply to the first instance court in the event of substantial and earnest reasons opposing the incorporation of one of these societies.

The court shall assess the professional qualifications of the founders of such society, the human and material means that they intend to use to collect royalties and to exploit their repertoire.

Article L321-4

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The royalty collection and distribution societies shall be required to appoint at least one auditor and one alternate from the list referred to in Article 219 of Act No. 66-537 of July 24, 1966, on Commercial Companies, who shall carry out their duties in compliance with the provisions laid down in the above-mentioned Law, subject to the rules specific to them. Article 457 of the above-mentioned Act No. 66-537 of July 24, 1966, shall be of application.

Article 29 of Act No. 84-148 of March 1, 1984, on the Prevention and Amicable Settlement of Difficulties in Enterprises shall be of application.

Article L321-5

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2000-719 of 1 August 2000 art. 12 Official Journal of 2 August 2000)

The right to communication provided for in Article 1855 of the Civil Code shall apply to royalty collection and distribution societies, but without a member being able to obtain communication of the amount of royalties distributed on an individual basis to any other rightholder than himself. A decree by the Conseil d'Etat shall determine the conditions of exercise of this right.

Article L321-6

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Any group of members representing at least one-tenth of the membership may take legal action for the designation of one or more experts to be entrusted with submitting a report on one or more administrative operations.

The public prosecutor and the works council shall be entitled to act in the same way.

The report shall be addressed to the requester, to the public prosecutor, to the works council, to the auditors and to the administrative council. The report shall be annexed to the report drawn up by the auditors for the purposes of the first general meeting; it shall be given the same publicity.

Article L321-7

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The royalty collection and distribution societies shall hold available for potential users the complete repertoire of the French and foreign authors and composers they represent.

Article L321-8

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The statutes of the royalty collection and distribution societies shall lay down the conditions under which associations of general interest shall enjoy, in respect of events for which no entrance fee is charged, a reduction on the amount of authors' royalties and of the royalties of performers and phonogram producers which they are required to pay.

Article L321-9

(Act No. 97-283 of 27 Mars 1997 art. 4 II Official Journal of 28 Mars 1997)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act No. 2000-719 of 1 August 2000 art. 11 Official Journal of 2 August 2000)

These societies shall use, for action to assist creation and promote live entertainment and for training schemes for performers :

1°. 25% of amounts obtained from the remuneration for private copying;

2°. All of the amounts collected in application of Articles L. 122-10, L. 132-20-1, L. 214-1, L. 217-2 and L. 311-1 that have not been allocated either in application of the international conventions to which France is a party, or because their recipients could not be identified or found prior by or before the expiry of the period provided for in the last paragraph of Article L. 321-1.

They may use for the said action all or part of the amounts referred to under item 2 as from the end of the fifth year following the date of their intended allocation, without prejudice to claims for payment of non-statute-barred royalties. The distribution of the corresponding amounts, which shall not be to the benefit of just a single body, shall be subject to a vote at the general meeting of the society, deciding on a two-thirds majority. Failing such majority, a new general meeting, convened specifically for that purpose, shall take a decision on a simple majority.

The amount and use of these sums of money shall be the subject of a yearly report by the collecting societies to the Minister responsible for culture. The auditor shall verify the information contained in that report for honesty and consistency with the accounting documents of the society. He shall draw up a special report to that end.

Article L321-10

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The societies that collect and distribute the royalties of phonogram and videogram producers and performers shall have the faculty, within the limits of the instructions given to them by all or part of the members, or by foreign bodies having the same purpose, to collectively exercise the rights afforded by Articles L213-1 and L215-1 by concluding general contracts of joint interest with the users of phonograms or videograms for the purpose of improving the dissemination of the latter or of promoting technical or economic progress.

Article L321-11

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Notwithstanding the general provisions applicable to civil law companies, the request for dissolution of a royalty collection and distribution society may be submitted to the court by the Minister responsible for culture.

In the event of infringement of the law, the court may order a society to cease exercising its collection activities in one sector of activity or for one mode of exploitation.

Article L321-12

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The royalty collection and distribution society shall communicate its annual statement of accounts to the Minister responsible for culture and shall bring to his notice, two months at least before examination by the general meeting, any draft amendment to the statutes or rules for the collection and distribution of royalties.

It shall address to the Minister responsible for culture, at the latter's request, any document relating to the collection and distribution of royalties, or copy of agreements concluded with third parties.

The Minister responsible for culture or his representative may obtain, from documents or on the spot, the information referred to in this Article.

Article L321-13

(inserted by Act No.  2000-719 of 1 August 2000 art. 12 Official Journal of 2 August 2000)

I. – A standing committee shall be created to oversee the royalty collection and distribution societies composed of five members appointed by decree for a term of five years. 

- a conseiller maître to the Cour des comptes, chairman, designated by the premier président of the Cour des comptes;

- a conseiller d'Etat, designated by the vice-président of the Conseil d'Etat;

- a conseiller to the Cour de cassation, designated by the premier président of the Cour de cassation;

- a member of the Inspection générale des finances, designated by the Minister responsible for finance;

- a member of the Inspection générale de l'administration des affaires culturelles, designated by the Minister responsible for culture;

The committee may be assisted by rapporteurs designated from amongst the members of the Conseil d'Etat and the body of counsellors of administrative courts and administrative courts of appeal, the judges of the Cour de cassation and of the courts and tribunals, the judges of the Cour des comptes and of the Chambres régionales des comptes, the members of the Inspection générale des finances and the members of the body of administrateurs civils. It may also benefit from civil servants made available to it and seek the assistance of experts designated by its chairman.

II. – The committee audits the accounts and the management of the royalty collection and distribution societies as well as those of their subsidiaries and any organisations controlled by them.

To this end, the directors of these societies, subsidiaries and organisations are under the duty to lend it their assistance, communicate any documents to it and answer any request for information required for the performance of its mission.  For operations involving information technology, the right of communication supposes access to software and data, as well as the right to request their transcription by any suitable processing method in the documents directly usable for auditing purposes.

The committee may request the auditor to provide it with information on the collecting societies audited by him.  In this case the auditor will be released from his duty of professional secrecy as regards the committee members.

It may carry out its audit of the societies or organisations mentioned in the first sentence of this paragraph [item II] based on records or on the spot.

III. – The supervising committee of royalty collection and distribution societies shall present an annual report to Parliament, to Government and to the general assemblies of members of the royalty collection and distribution societies.

IV. – Failure by any director of a society or of an organisation subject to the control of the supervising committee of royalty collection and distribution societies to satisfy information requests made by the committee, the hindrance in any way of the committee in the performance of its mission or the intentional communication to it of inaccurate information shall be punishable by a prison term of one year and a fine of FRF 100,000.

V. – The committee shall be headquartered in the premises of the Cour des comptes, which shall ensure its secretariat.

VI. - A decree of Conseil d'Etat shall determine the organisation and the operation of the committee, as well the procedures applicable before it.

Chapter I: General Provisions

Article L331-1

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

All disputes relative to the application of the provisions of Part One of this Code which are within the jurisdiction of the civil courts shall be submitted to the competent courts, without prejudice to the right of the injured party to institute criminal proceedings under the general rules of law.

Regularly constituted bodies for professional defense shall be entitled to institute legal proceedings to defend the interests entrusted to them under their statutes.

Article L331-2

(Act No. 94-361 of 10 May 1994 art. 10 I Official Journal of 11 May 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Apart from the reports drawn up by police investigators, the proof of the existence of any infringement of the provisions of Books I, II and III of this Code and of Article 52 of Act No. 85-660 of July 3, 1985, on Authors' Rights and on the Rights of Performers, Producers of Phonograms and Videograms and Audiovisual Communication Enterprises may be provided by the statement of a sworn agent designated, as appropriate, by the National Center for Cinematography, by the professional bodies of authors or by the societies referred to in Title II of this Book. Such agents shall be approved by the Minister responsible for culture subject to the conditions laid down by a decree in Conseil d'Etat.

Article L331-3

(Act No. 94-361 of 10 May 1994 art. 10 II Official Journal of 11 May 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The National Center for Cinematography may exercise the rights acknowledged for the civil party with respect to the offense of infringement, within the meaning of Article L335-3, of an audiovisual work where the public proceedings have been initiated by the public prosecutor or by the injured party.

Article L331-4

(inserted by Act No.  98-536 of 1 July 1998 art. 6 Official Journal of 2 July 1998)

The rights mentioned in part one of this Code shall not prevail over any acts necessary for the accomplishment of a jurisdictional or administrative procedure provided by law, or undertaken for public safety reasons.

Chapter II: Infringement Seizure

Article L332-1

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Police commissioners and, in those places where there are no police commissioners, the courts shall be required, at the request of an author of a work protected under Book I or his successors in title, to seize copies constituting an unlawful reproduction of the work.

If seizure will have the effect of retarding or suspending public performances which are in progress or which have already been announced, a special authorization must be obtained from the president of the first instance court, by an order issued on demand. The president of the first instance court may also order, in the same form:

1°.suspension of all manufacture in progress serving the unlawful reproduction of a work;

2°.seizure, whatever the day or time, of the copies constituting an unlawful reproduction of a work, whether already manufactured or in the process of manufacture, of the receipts obtained and of copies unlawfully used;

3°.seizure of receipts from any reproduction, performance or dissemination, by any means whatsoever, of a work of the mind, carried out in violation of the author's rights.

When issuing the orders referred to above, the president of the first instance court may order the person requesting seizure to provide prior adequate security.

Article L332-2

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Within 30 days of the report of seizure referred to in the first paragraph of Article L332-1 or of the date of the order referred to in that same Article, the distrainee or the garnishee may request the president of the first instance court to order the lifting of the seizure or to limit its effect or again to authorize resumption of manufacture or of the public performances, under the authority of an administrator appointed as receiver, to hold the proceeds from such manufacture or performance on behalf of the person to whom the work belongs.

The president of the first instance court, acting in chambers, may order, if he allows the request of the distrainee or garnishee, the petitioner to deposit a sum as a guarantee for any damages to which the author might be entitled.

Article L332-3

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

If the distrainer fails to submit the matter to the competent court within 30 days of seizure, the lifting of the seizure may be ordered by the president of the first instance court, acting in chambers.

Article L332-4

(Act No. 98-536 of 1 July 1998 art. 4 and art. 7 Official Journal of 2 July 1998)

In respect of software and databases, infringement seizures shall be carried out under an order issued, upon application, by the président of the court of first instance. The président shall authorise, if required, an actual seizure.

The officiating bailiff or the police commissioner may be assisted by an expert designated by the petitioner.

Failing a writ of summons within 15 days of the seizure, the infringement seizure shall be invalid.

In addition, the police commissioners shall be required, at the request of any holder of rights over software or a database, to carry out a descriptive seizure of the infringing software or database, which may take the physical form of a copy.

Chapter III: Seizure Order

Article L333-1

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Where the proceeds of exploitation which are due to the author of a work of the mind have been the subject of a seizure order, the president of the first instance court may order payment to the author, as an allowance for maintenance, of a certain sum or of a specified proportion of the amounts seized.

Article L333-2

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Amounts due, on account of exploitation for gain or following assignment of literary or artistic property rights, to authors, composers or artists or to a surviving spouse against whom there exists no final decision of separation or under-age children in their capacity of successors in title, shall not be subject to seizure insofar as they constitute maintenance.

Article L333-3

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The proportion of such amounts not subject to seizure may not, in any event, be less than four-fifths in those cases where the annual amount is at most equal to the highest level of resources in accordance with Chapter V of Title IV of Book I of the Labor Code.

Article L333-4

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

The provisions under this Chapter shall not prevent seizure ordered under the provisions of the Civil Code relating to unpaid maintenance.

Chapter IV: Resale Royalty Right

Article L334-1

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the event of infringement of Article L122-8, the acquirer and the law officials may be pronounced jointly liable for damages in favor of the beneficiaries of the resale royalty right.

Chapter V: Penal Provisions

Article L335-1

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

As soon as offenses under Article L335-4 of this Code have been established, the competent police officers may effect seizure of the unlawfully reproduced phonograms and videograms, of the copies and articles manufactured or imported unlawfully and of the equipment specially installed for the purpose of such acts.

Article L335-2

(Act No. 94-102 of 5 February 1994 Art. 1 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part contrary to the laws and regulations relating to the property of authors shall constitute an infringement; any infringement shall constitute an offense.

Infringement in France of works published in France or abroad shall be punishable with a two-year prison term and a fine of FRF 1,000,000.

The sale, exportation and importation of infringing works shall be subject to the same penalties.

Article L335-3

(Act No. 94-361 of 10 May 1994 art. 8 Official Journal of 11 May 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Any reproduction, performance or dissemination of a work of the mind, by any means whatsoever, in violation of the author's rights as defined and regulated by law shall also constitute an infringement.

The violation of any of the rights of an author of software as defined in Article L122-6 shall also constitute an infringement.

Article L335-4

(Act No. 94-102 of 5 February 1994 Art. 2 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 2 Official Journal of 2 July 1998)

Any fixation, reproduction, communication or making available to the public, on payment or free of charge, or any telediffusion of a performance, a phonogram, a videogram or a program made without authorization, where such is required, of the performer, the phonogram or videogram producer or the audiovisual communication enterprise shall be punishable with a two-year prison term and a fine of FRF 1,000,000.

Any importation or exportation of phonograms or videograms made without the authorization of the producer or the performer, where such is required, shall be subject to the same penalties.

Failure to pay the remuneration due to the author, the performer or the phonogram or videogram producer in respect of private copying or public communication or of the telediffusion of phonograms shall be subject to the fine laid down in the first paragraph above.

Article L335-5

(Act No. 94-102 of 5 February 1994 Art. 3 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 3 Official Journal of 2 July 1998)

In the event of conviction for one of the offenses defined in the preceding three Articles, the court may order the total or partial, permanent or temporary closure, for a period not exceeding five years, of the establishment that has served for the commission of the offense.

Temporary closure may not be a cause of either termination or suspension of employment contracts, or of any monetary consequence prejudicial to the employees concerned. Where permanent closure causes the dismissal of staff, it shall give rise, over and above the indemnity in lieu of notice and the termination indemnity, to damages as provided in Articles L122-14-4 and L122-14-5 of the Labor Code for the breach of employment contracts. Failure to pay those indemnities shall be punishable with a six-month prison term and a fine of FRF 25,000.

Article L335-6

(Act No.92-1336 of 16 December 1992 art. 331 Official Journal of 23 December 1992 in force on 1 March 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the cases referred to in the four preceding Articles, the court may order confiscation of all or part of the proceeds obtained by reason of the infringement and confiscation of all phonograms, videograms, articles and copies that are infringing or have been unlawfully reproduced and of the equipment specifically installed for the purpose of committing the offense.

It may also order, at the cost of the convicted person, the posting of the judgment in compliance with the conditions and subject to the penalties laid down in Article 131-35 of the Penal Code, and its publication in full or as extracts in such newspapers as it may designate, without however the costs of such publication exceeding the maximum amount of the fine incurred.

Article L335-7

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the cases referred to in the five preceding Articles, the equipment, the infringing articles and the receipts that have been confiscated shall be handed to the victim or his successors in title to compensate them for the prejudice they have suffered; the remaining indemnity, or the entire indemnity if there is no confiscation of equipment, infringing articles or of receipts, shall be settled through ordinary channels.

Article L335-8

(Act No.92-1336 of 16 December 1992 art. 203 Official Journal of 23 December 1992 in force on 1 March 1994)

(Act No.94-102 of 5 February 1994 Art. 4 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

Legal persons may be declared penally liable, in accordance with Article 121-2 of the Penal Code, for the infringements defined in Articles L335-2 to L335-4 of this Code.

Legal persons shall be liable to the following penalties:

1°.a fine determined in accordance with Article 131-38;

2°.the penalties referred to in Article 131-39.

The prohibition referred to in item 2 of Article 131-39 concerns the activity in the exercise of which or on the occasion of the exercise of which the infringement was committed.

Article L335-9

(Act No.94-102 of 5 February 1994 Art. 5 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

In the event of repetition of the offenses defined in Articles L335-2 to L335-4, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

Article L335-10

(Act No.94-102 of 5 February 1994 Art. 5 Official Journal of 8 February 1994)

(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)

(Act n° 2003-706 of 1 August 2003, Art. 84, Official Journal of 2 August 2003)

The customs administration may, at the written request of an owner of copyright or a neighbouring right, which request shall be accompanied by proof of his right as provided by Decree in Conseil d'Etat, withhold in the course of its inspections any goods alleged by him to be infringing that right.

The Public Prosecutor, the plaintiff and the party declaring or in possession of the goods shall be informed without delay by the customs service of the withholding measure that they have taken.

The withholding measure shall be lifted as of right where the plaintiff fails, within 10 working days following notification of the withholding of the goods, to prove to the customs service:

— either that precautionary measures under Article L332-1 have been taken;

— or that he has instituted proceedings before the civil court or the court of misdemeanours and has provided the necessary guarantees to cover his liability in the event of the infringement claim being eventually considered unfounded.

For the purpose of the institution of the legal proceedings referred to in the foregoing paragraph, the plaintiff may require the customs administration to communicate the names and addresses of the sender, the importer and the consignee of the goods withheld, or of the holder thereof, and also the quantity thereof, notwithstanding the provisions of Article 59bis of the Customs Code concerning the professional secrecy to which officials of the customs administration are bound.

The withholding mentioned in the first paragraph shall not concern the goods that have European status, which are legally produced or released for free circulation in the member state of the European Community and intended, having entered by a Customs territory as defined in the first article of Customs Code, to be released in the market of another member state of the European Community, to be legally commercialised.

Chapter I: Field of application

Article L341-1

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The producer of a database, understood as the person who takes the initiative and the risk of the corresponding investments, benefits from protection of the contents of the database when its constitution, verification or presentation shows that there has been a substantial financial, technical or human investment.

This protection is independent and applies without prejudice to the protection of copyright or any other right over the database or one of its component elements.

Article L341-2

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

Shall be eligible for the benefit of this Title:

1°. Producers of databases, nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area, or who have their principal residence in such State;

2°. Companies and enterprises formed in accordance with the law of a Member State and having their registered office, central administration or principal place of business within the Community or a State party to the Agreement on the European Economic Area; however, where such a company or enterprise has only its statutory head office in the territory of such State, its operations must be genuinely linked on an ongoing basis with either the economy of this Member State or State within the European Economic Area.

Producers of databases who do not satisfy the conditions indicated above shall be eligible for protection under this Title where a special agreement has between concluded between the State of which they are a national and the Council of the European Community.

Chapter II: Scope of protection

Article L342-1

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The producer of a database has the right to prohibit:

            1°. The extraction, by the permanent or temporary transfer of all or a substantial part, qualitatively or quantitatively, of the contents of a database to another medium, by any means or in any form;

            2°. The reuse, by making available to the public all or a substantial part, qualitatively or quantitatively, of the contents of a database, in any form whatsoever.

            These rights can be transferred, assigned or licensed.

            Public lending is not an act of extraction or reuse.

Article L342-2

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The producer may also prohibit the repeated and systematic extraction or reuse of insubstantial parts, qualitatively or quantitatively, of the contents of the database when such operations manifestly go beyond the conditions of normal use of the database.

Article L342-3

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

When a database is made available to the public by the rightholder, he may not prohibit:

            1°. The extraction or the reuse of an insubstantial part, evaluated qualitatively or quantitatively, of the contents of the database, by a person having lawful access;

            2°. The extraction for private purposes of a qualitatively or quantitatively substantial part of the contents of a non-electronic database, subject to compliance with the copyrights or neighbouring rights over the works or materials incorporated into the database.

            Any provision that is contrary to item 1° above shall be null and void.

Article L342-4

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The first sale in the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area of a physical copy of the database by the rightholder or with his consent shall exhaust the right to control resale of that physical copy within all Member States;

            However, online transmission of a database shall not exhaust the right of the producer to control resale of a physical copy or this database or a part thereof in any of the Member States.

Article L342-5

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The rights provided for in Article L. 342-1 shall become effective from the date of completion of the production of the database.  They shall expire fifteen years from the 1st of January of the calendar year following that of completion.

            When a database has been made available to the public before the expiry of the period set forth in the paragraph above, the rights shall expire fifteen years from the 1st of January of the calendar year following the date when the database was first made available to the public.

            However, in case a protected database is the subject of a new substantial investment, its protection shall expire fifteen years from the 1st of January of the calendar year following that in which this new investment was made.

Chapter III: Sanctions

Article L343-1

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

The infringement of the rights of the producer of a database, as defined in Article L. 342-1, shall be punishable by a two-year prison term and a fine of FRF 1,000,000.

Article L343-2

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

Legal persons may be declared penally liable, in accordance with Article 121-2 of the Penal Code for the infringements defined in Article L. 343-1. Legal persons may incur the following penalties:

            1°. A fine determined in accordance with Article 131-38 of the Penal Code;

            2°. The penalties provided for in Article 131-39 of same; the prohibition provided for in item 2 of this Article concerns the activity in the exercise of which or on the occasion of the exercise of which the infringement was committed.

Article L343-3

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

In the event of the repetition of the offences defined in Article L. 343-1, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

            Guilty parties may, in addition, be deprived for a period not exceeding five years, of the right to elect and be elected to commercial courts, chamber of commerce and industry and professional chambers and to joint labour dispute conciliation boards.

Article L343-4

(inserted by Act No. 98-536 of 1 July 1998 art. 5 Official Journal of 2 July 1998 in force on 1 January 1998)

Apart from the reports drawn up by police investigators, the proof of the existence of the infringements defined in this Chapter may be provided by the statement of a sworn agent designated by professional organisations of producers. These agents shall be approved by the Minister responsible for culture under the same conditions as those provided for agents under Article L. 331-2.

Chapter I: National Institute of Industrial Property

Article L411-1

The National Institute of Industrial Property is a public establishment possessing legal personality and financial autonomy, under the authority of the Minister for Industry.

The tasks of that establishment shall be:

1°.to centralize and disseminate all information required for the protection of innovations and for the registration of enterprises; to undertake activities to promote awareness and provide training in these fields;

2°.to apply the laws and regulations with regard to industrial property, the Register of Commerce and Companies and the Directory of Trades; to that end, the Institute shall be responsible for receiving the filing of applications for industrial property titles or titles ancillary to industrial property and for monitoring their maintenance; it shall centralize the Register of Commerce and Companies, the Directory of Trades and the Official Bulletin of Civil and Commercial Announcements; it shall disseminate the technical, commercial and financial information contained in industrial property titles and centralized instruments of statutory publication;

3°.to take all initiatives with a view to a standing adaptation of national and international law to the needs of innovators and enterprises; for that purpose, it shall propose to the Minister responsible for industrial property any reform it considers appropriate in such matters; it shall participate in elaborating international agreements and in representing France in the relevant international organizations.

Article L411-2

The receipts of the Institute shall be constituted by any fees established in compliance with Article 5 of Ordinance 59-2 of January 2, 1959, promulgating organic law relating to the finance laws, levied in connection with industrial property and with the Register of Commerce and Trades and the filing of company statutes, together with ancillary receipts. These receipts shall be required to balance all the outlay of the establishment.

The audit of the execution of the Institute's budget shall be effected a posteriori in compliance with the conditions laid down by decree in Conseil d'Etat.

Article L411-3

The administrative and financial organization of the Institute shall be laid down by decree in Conseil d'Etat.

Article L411-4

The Director of the National Institute of Industrial Property shall take the decisions provided for by this Code when granting, rejecting or maintaining industrial property titles.

When exercising that responsibility, he shall not be subject to the supervisory authority. The Courts of Appeal designated by regulation shall be directly competent to hear appeals from his decisions. They shall take their decisions on such appeals after hearing the public prosecutor and the Director of the National Institute of Industrial Property. Both the applicant and the Director of the National Institute of Industrial Property may request that a decision on appeal be set aside.

Article L411-5

The decisions to reject referred to in the first paragraph of Article L411-4 shall be accompanied by reasons.

The same shall apply to decisions accepting opposition filed under Article L. 712-4 or requests that revocation be lifted with regard to a trademark or service mark.

They shall be notified to the applicant in accordance with the conditions and time limits laid down by regulation.

Chapter II: Committee for the Protection of New Plant Varieties

Article L412-1

The Committee for the Protection of New Plant Varieties, placed under the authority of the Minister of Agriculture, is chaired by a magistrate and composed of a number of persons, from both the public and the private sectors, qualified by reason of their theoretical or practical knowledge of genetics, botany and agronomy. This Committee shall issue the certificate referred to in Article L623-4.

Chapter I: Entry in the List of Persons Qualified with Respect to Industrial Property

Article L421-1

The Director of the National Institute of Industrial Property shall draw up each year a list of the persons qualified with respect to industrial property.

The list shall be published.

The persons entered in the above-mentioned list may exercise their activity as employees of an enterprise or as a liberal profession, either individually or as a group, or as employees of a person exercising his activity as a liberal professional.

The persons included, at the date of November 26, 1990, in the list of persons qualified with respect to patents for invention shall be entered automatically in the list referred to in the first paragraph, subject to satisfying the conditions of good character laid down in Article L421-2.

Article L421-2

No person may be entered in the list referred to in the foregoing Article unless he is of good character and unless he satisfies the prescribed conditions with respect to professional qualifications and practice.

The entry shall be accompanied by a notice of specialization as a function of the qualifications held and the professional experience acquired.

Chapter II: Conditions for Exercising the Profession of Industrial Property Attorney

Article L422-1

(Act No. 92-1336 of 16 december 1992 art. 334 Official Journal of 23 december 1992 in force on 1 March 1994)

The calling of an industrial property attorney shall be to offer his services to the public, in an habitual and remunerated manner, for advising, assisting or representing others with a view to obtaining, or maintaining, exploiting or defending industrial property rights, related rights and rights bearing on any connected matter.

The services referred to in the foregoing paragraph shall include legal consultation and the drafting of private deeds.

No person may use the title of industrial property attorney, a title that is equivalent or a title that is confusingly similar, unless he is entered in the list of industrial property attorneys drawn up by the Director of the National Institute of Industrial Property.

Infringements of the provisions of the foregoing paragraph shall be punishable by the penalties laid down by in the second paragraph of Article 259 of the Penal Code.

No person may be entered in the list of industrial property attorneys unless he is entered in the list provided for in Article L421-1 and he exercises the profession in compliance with Article L422-6.

Entry shall be accompanied by a notice of specialization as a function of the qualifications held and the professional experience acquired.

Article L422-2

Persons entitled to the title of patent attorney on the date of entry into force of Act No. 90-1052 of November 26, 1990, relating to industrial property shall be automatically entered in the list provided for in Article L422-1.

Article L422-3

Any company exercising the activities referred to in Article L422-1 on the date of entry into force of the above-mentioned Act No. 90-1052 of November 26, 1990, may request entry in the list of industrial property attorneys.

In such case, the condition laid down in item (b) of Article L422-7 shall not apply.

The application must be submitted, on pain of preclusion, two years at the latest after entry into force of the above-mentioned Act No. 90-1052 of November 26, 1990.

Article L422-4

(Order No. 2001-670 of 25 July 2001 art. 4 I Official Journal of 28 July 2001)

Persons wishing to be represented in proceedings before the National Institute of Industrial Property may only be represented, for acts where such is necessitated by the technical nature of the subject matter, by industrial property attorneys whose specialisation, determined in accordance with the final paragraph of Article L. 422-1, corresponds to such act.

The provisions of the foregoing paragraph shall not preclude the faculty of using the services of a lawyer, of a company or public organisation with which the applicant is contractually bound, or the services of a specialised professional organisation, or those of a professional established within the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area acting on an occasional basis and authorised to represent persons before the central industrial property office in this State.

Article L422-5

Any person carrying out the activities referred to in the first paragraph of Article L422-1 on November 26, 1990, may, notwithstanding the provisions of Article L422-4, represent persons referred to in the first paragraph of that Article in those cases referred to in that paragraph on condition that they are entered in a special list drawn up by the Director of the National Institute of Industrial Property.

Entry shall be automatic, subject to the proviso laid down in the final paragraph of this Article, on condition that the person concerned has requested entry by means of a declaration made to the Director of the Institute.

The declaration must be made, on pain of preclusion, two years at the latest after the entry into force of the above-mentioned Act No. 90-1052 of November 26, 1990.

No person may be entered in the list provided for in the first paragraph if he is not of good character.

Article L422-6

An industrial property attorney shall exercise his profession either individually or in a group or as the employee of another industrial property attorney.

Article L422-7

Where the profession of industrial property attorney is exercised as a company it may take the form of a professional civil law company or a company constituted in some other way. In the latter case, it shall be required that:

a)The chairman of the administrative board, the directors general, the members of the board, the sole director general and the manager or managers, as also the majority of members of the administrative board or the supervisory board, be qualified as industrial property attorneys;

b)The industrial property attorneys hold more than one half of the capital and of the voting rights;

c)The acceptance of any new partner be subject to prior approval, as appropriate, of the administrative board, the supervisory board or of the manager or managers.

The provisions of the first two paragraphs of Article 93, of Articles 107 and 142 of Act No. 66-537 of July 24, 1966, on commercial companies, shall apply neither to members of the administrative board nor to members of the supervisory board of companies of industrial property attorneys.

Where the profession of industrial property attorney is exercised by a company, the company is to be entered, in addition to entry of the attorneys as natural persons, in a special section of the list provided for in Article L422-1.

Article L422-8

Every industrial property attorney must supply evidence that he has insurance covering his professional civil liability with regard to negligence or errors committed in the exercise of his functions and a guarantee specially devoted to the reimbursement of funds, effects or objects of value received.

Article L422-9

There is hereby instituted a National Society of Industrial Property Attorneys, possessing legal personality, under the authority of the National Institute of Industrial Property, in order to represent industrial property attorneys before the public authorities, to defend their professional interests and to ensure respect for the code of conduct.

Article L422-10

Any natural or legal person exercising the profession of industrial property attorney who is guilty either of an infringement of the rules under this Title or the texts adopted for its application, or of acts contrary to probity, honor or scruples, even if outside his professional sphere, may incur one of the following disciplinary measures: warning, reprimand, suspension or striking off.

The penalties shall be pronounced by the Disciplinary Board of the National Society of Industrial Property Attorneys chaired by a magistrate of the judiciary.

Chapter III: Miscellaneous Provisions

Article L423-1

It shall be prohibited for any natural or legal person to canvass with a view to representing the persons concerned, to giving consultations or to drawing up industrial property law acts. This prohibition shall not extend, however, to offers of services made to professionals or enterprises through the post under conditions laid down by regulation.

Any infringement of the provisions of the foregoing paragraph shall be liable to the penalties laid down in Article 5 of Act No. 72-1137 of December 22, 1972, on the protection of consumers with respect to canvassing and door-to-door sales.

All advertising with regard to the activities referred to in that same paragraph shall be subject to compliance with the conditions laid down by regulation.

Article L423-2

Decrees in Conseil d'Etat shall lay down the conditions for implementing this Title.

They shall stipulate, in particular:

a)The conditions for implementing Chapter I;

b)The conditions for implementing Article L422-1;

c)The conditions for implementing Article L422-4;

d)The conditions for implementing Article L422-5;

e)The conditions under which the obligation referred to in item (b) of Article L422-7 may be waived to permit interprofessional grouping with other providers of services involved in the innovation process;

f)The code of conduct applicable to industrial property attorneys;

g)The organization and statutes of the National Society of Industrial Property Attorneys together with the rules for determining the amount of its membership fees.

Section 1: Subject of Protection

Article L511-1

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The appearance of the whole or a part of the product, resulting from the features of, and in particular its lines, contours, colours, shape, texture or materials, is eligible for protection as a design or model. These features can be those of the product itself or its ornamentation.

Is deemed to be a product any industrial or handicraft item, including inter alia parts intended to be assembled into a complex product, packaging, get-up, graphic symbols and typographic typefaces, but excluding computer programs.

Article L511-2

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

A design or model shall only be protected if it is new and has individual character.

Article L511-3

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

A design or model shall be considered to be new if, on the date of the filing of the application for registration or on the date of priority claimed, no identical design or model has been disclosed. Designs or models shall be deemed to be identical if their features differ only in immaterial details.

Article L511-4

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

A design or model has individual character if the overall visual impression it produces on the informed observer differs from that produced by any design or model disclosed before the date of the filing of the application for registration or before the date of priority claimed.

In assessing individual character, the degree of freedom of the creator in developing the design or the model shall be taken into consideration.

Article L511-5

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The design or model of a part of a complex product is only considered to be new and to present an individual character to the extent that:

a) The component part, once it has been incorporated in the complex product, remains visible during normal use of the latter by the end user, excluding maintenance, servicing or repair work;

b) Those visible features of the component part fulfil in themselves the requirements as to novelty and individual character.

Is considered to be a complex product a product composed of multiple components which can be replaced.

Article L511-6

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

A design or model shall be deemed to have been disclosed if it has been made available to the public through publication, use, or by any other means. No disclosure has taken place if the design or the model could not reasonably have become known, according to the normal course of business in the sector concerned, by professionals operating in the European Community, before the date of filing of an application for registration or before the date of priority claimed.

The design or model shall not, however, be deemed to have been disclosed to the public due to the sole fact that it has been disclosed to a third party under an explicit or implicit condition of confidentiality.

If this disclosure takes place within the twelve months preceding the date of the filing of the application or the date of priority claimed, it shall not be taken into consideration:

a) If the design or the model has been disclosed by the creator, his successor-in-title, or by any third person as a result of information provided or action taken by the creator or his successor-in-title;

b) Or if the design or model has been disclosed as a result of unfair behaviour against the creator or his successor-in-title.

The twelve-month period referred to in this Article shall not apply to disclosure having occurred before the 1st of October 2001.

Article L511-7

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Designs or models that are contrary to public policy or accepted principles of morality are not protected.

Article L511-8

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Shall not be eligible for protection:

1°. The appearance of a product whose features are solely dictated by the technical function of the product;

2°. The appearance of a product whose exact form and dimension must necessarily be reproduced in order to allow it to be mechanically associated to another product by being placed against it, connected to it or being placed inside or outside of it in a manner allowing both of these products to perform its function.

However, a design or a model serving the purpose of allowing multiple assemblies or connections of mutually interchangeable products within a system whose design is modular shall be eligible for protection.

Section 2: Benefit of the protection

Article L511-9

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The protection of the design or model conferred by the provisions of this Book is acquired by registration. It is granted to the creator or to his successor-in-title. 

The applicant for registration is, failing proof to the contrary, considered to the beneficiary of this protection.

Article L511-10

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

When a design or a model has been deposited, either fraudulently with respect to the rights of another person or in violation of a statutory or contractual obligation, any person who believes he has a right in the design or model may claim ownership by bringing legal proceedings before a court.

Claims in ownership are barred three years from the publication of the registration of the design or model or, in case of bad faith, upon the date of publication of the registration or of the acquisition of the design or model, following the expiry of the protection period.

Article L511-11

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Subject to the provisions of the international treaties to which France is a party, a foreigner who has neither his place of business nor residence on the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area shall benefit from the provisions of this Book, provided his country of origin affords reciprocal protection to French designs or models.

Section 1: Application for filing

Article L512-1

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The application for registration shall be filed, on pain of invalidity, with the National Institute of Industrial Property when the place of residence or the registered office of the applicant is situated in Paris or outside France.

Where the place of residence or the registered office of the applicant is situated outside Paris but in France, the applicant may, at his choice, file the application for registration with the National Institute of Industrial Property or with the registry of the Commercial Court or, in the absence of a Commercial Court, with the registry of the court ruling in commercial matters.

When the application for registration is filed with the registry of a court, the latter shall transmit it to the National Institute of Industrial Property.

Article L512-2

(Act No. 94-102 of 5 February 1994 Art. 21 Official Journal of 8 February 1994)

(Order No. 2001-670 of 25 July 2001 art. 4 I Official Journal of 28 July 2001)

The filing shall be made in the form and under the conditions laid down by this Book.

To be admissible, it must comprise an identification of the applicant and a reproduction of the design or designs concerned.

The filing shall be refused if examination shows:

a) That it is not presented under the prescribed conditions or in the prescribed form;

b) That its publication would be contrary to morality or public policy.

However, refusal may not be pronounced without the applicant having at first been invited, as appropriate, to regularize his filing or to submit his comments.

In the case of designs pertaining to industries that frequently change the form and presentation of their goods, filing may be effected in a simplified form according to conditions laid down by decree in Conseil d'Etat. The lapse of the rights deriving from such a filing shall be pronounced where the said filing has not, six months at the most prior to the planned date for the publication thereof, been brought into conformity with the general requirements laid down in the decree referred to in the foregoing paragraph.

Article L512-3

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Where the applicant or the owner of a filing has not complied with the prescribed time limits, any revocation of rights he may have incurred may be lifted if he can provide legitimate reasons.

Section 2: Nullity of the filing

Article L512-4

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The registration of a design or model shall be declared invalid by decision of the courts:

a) If not in compliance with the provisions of Articles L. 511-1 to L. 511-8;

b) If its holder was not able to benefit from the protection under Article L. 511-9;

c) If the design or model infringes the rights attached to an earlier design or model which has been disclosed to the public after the date of presentation of the application for registration or, if priority is claimed, after the date of priority, and which has been protected since an earlier date by the registration of a Community design or model, a French or international design or model designating France, or by an application for registration of such designs or models;

d) If it infringes the copyright of a third party;

e) If this design or model uses an earlier protected distinctive sign, without the authorisation of its holder. 

The grounds for invalidity set forth in items b, c, d and e may only be invoked by the person vested with the right being asserted.

The public prosecutor may file invalidity proceedings ex officio against a design or model, regardless of the causes of invalidity.

Article L512-5

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

If the grounds for invalidity only partially affect the design or the model, the registration may be maintained in a modified form if, in that form, the design or model meets the requirements for protection and if its identity is retained.

Article L512-6

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The court decision declaring the design or the model to be partially or wholly invalid shall have an absolute effect. It shall be recorded in the national register referred to in Article L. 513-3.

Chapter III: Rights conferred by the filing

Article L513-1

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Registration takes effect, as from the date of the filing of the application, for a period of five years, which may be extended by periods of five years within a maximum limit of twenty-five years.

Designs or models deposited before the 1st of October 2001 shall remain protected, without any extension being possible, for a period of twenty-five years from their date of deposit. Designs or models whose protection has been extended, prior to 1 October 2001, for a new period of twenty-five years, shall remain protected until the expiry of this period.

Article L513-2

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Without prejudice to rights resulting from the application of other legislative provisions, including inter alia, from Books I and III of this Code, the registration of a design or model confers upon its holder a property right that may be assigned or licensed by him.

Article L513-3

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

No act amending or transmitting the rights attached to a deposited design or model has effect with regard to third parties unless entered in the National Register for Designs and Models.

Article L513-4

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The making, offering, putting on the market, importing, exporting, using or possession for these purposes, of a product comprising the design or model, shall be prohibited, unless with the consent of the owner of the design or model.

Article L513-5

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The protection conferred by the registration of a design or model shall be extended to any design or model which does not produce on the informed observer a different overall visual impression.

Article L513-6

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The rights conferred by the registration of a design or model shall not be exercised concerning:

a) Acts done privately and for non-commercial purposes;

b) Acts done for experimental purposes;

c) Acts of reproduction for the purposes of making citations or teaching, if these acts mention the registration and the name of the rightholder, provided they are compatible with fair business practices and do not prejudice the normal exploitation of that design or model.

Article L513-7

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The rights conferred by the registration of a design or model shall not be exercised:

a) Concerning the equipment on ships and aircraft registered in another country when these temporarily enter French territory;

b) When the importation into France of spare parts and accessories for the repair of these ships or aircraft or during the repair.

Article L513-8

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

The rights conferred by the registration of a design or model shall not extend to acts covering a product comprising this design or model, when this product has been put on the market in the European Community or in the European Economic Area by the owner of the design or model or with his consent.

Chapter IV: Miscellaneous Provisions

Article L514-1

(Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Decrees from the Conseil d'Etat set , when it is necessary, the conditions of application of the present book.

Article L514-2

(inserted by Order No. 2001-670 of 25 July 2001 art. 1 Official Journal of 28 July 2001)

Regulatory provisions specific to certain industries may lay down the measures necessary to allow industrialists to have their preference use of a design or model ascertained, including inter alia by the holding of private registers subject to the approval by the National Institute of Industrial Property.

Sole Chapter

Article L521-1

An injured party may, even before the filing is published, have any bailiff carry out a detailed description, with or without seizure, of the incriminated articles or instruments, under an order issued by the President of the First Instance Court within the jurisdiction of which the operations are to be carried out, on a simple request and production of the filing certificate.

The President may authorize the petitioner to obtain the assistance of a police officer or a judge of the District Court and to require from the petitioner security to be deposited before carrying out the operation; security shall be required in all cases where a foreigner requests seizure.

The holders of the articles described shall be given a copy both of the order and of the instrument recording deposit of the security, on pain of nullity and damages awarded against the bailiff in both cases.

If the petitioner fails to institute proceedings, whether civil or criminal, within a period of 15 days, the description or the seizure shall automatically become null and void, without prejudice to any damages.

Article L521-2

Events prior to filing shall not be actionable under this Book.

Events following filing, but prior to publication, shall only be actionable under Article L521-4, even in civil proceedings, if the injured party is able to establish the defendant's bad faith.

No proceedings, whether criminal or civil, may be instituted under that Article before the filing has been published.

Where the events have occurred after publication of a filing, the persons having committed the acts may plead good faith on condition that they furnish proof thereof.

Article L521-3

Confiscation to the benefit of the injured party of the articles infringing the rights afforded by this Book shall be ordered even in the event of a discharge.

In the event of a conviction, the Court may further order confiscation of the instruments having served specifically to manufacture the incriminated articles.

Article L521-3-1

(inserted by Act No. 94-102 of 5 February 1994 Art. 6 Official Journal of 8 February 1994)

Officers of the judicial police may, as soon as offenses under the first paragraph of Article L521-4 have been reported, effect the seizure of goods unlawfully manufactured, imported, stocked, placed on sale, delivered or supplied, and of any material and equipment specially installed for the purposes of such unlawful acts.

Article L521-4

(Act No. 94-102 of 5 February 1994 Art. 7 Official Journal of 8 February 1994)

Any knowingly committed infringement of the rights guaranteed by this Book shall be punishable with a two-year prison term and a fine of FRF 1,000,000.

In addition, the court may order the total or partial, permanent or temporary closure, for a period not exceeding five years, of the establishment that has served for the commission of the offense.

Temporary closure may not be a cause of either termination or suspension of employment contracts, or of any monetary consequence prejudicial to the employees concerned. Where permanent closure causes the dismissal of staff, it shall give rise, over and above the indemnity in lieu of notice and the termination indemnity, to damages as provided in Articles L122-14-4 and L122-14-5 of the Labor Code for the breach of employment contracts. Failure to pay those indemnities shall be punishable with a six-month prison term and a fine of FRF 25,000.

Article L521-5

(Act No. 94-102 of 5 February 1994 Art. 8, art 17 Official Journal of 8 February 1994)

Legal entities may be declared criminally liable, in the manner specified in Article 121-2 of the Penal Code, for the offenses defined in Article L521-4 of this Code.

The penalties to which legal entities are liable are:

1°.fines in accordance with the procedure laid down in Article 131-38 of the Penal Code;

2°.the penalties mentioned in Article 131-39 of the same Code.

The prohibition mentioned in Article 131-39 under 2 shall relate to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

Article L521-6

(Act No. 94-102 of 5 February 1994 Art. 8 Official Journal of 8 February 1994)

In the event of repetition of infringements of the rights guaranteed by this Book, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

The guilty parties may in addition be deprived, for a period not exceeding five years, of the right to elect and be elected to commercial courts, chambers of commerce and industry and professional chambers and to joint conciliation boards.

Article L521-7

(Act No. 94-102 of 5 February 1994 Art. 8 Official Journal of 8 February 1994)

(Act n° 2003-706 of 1 August 2003, Art. 84, official Journal of 2 August 2003)

The customs administration may, at the written request of the owner of a deposited design, with-hold in the course of its inspections goods alleged by him to be infringing the said designs.

The Public Prosecutor, the plaintiff and the party either declaring or in possession of the goods shall be informed without delay by the customs service of the withholding measure taken by the latter.

The withholding measure shall be lifted as of right where the plaintiff fails, within 10 working days following notification of the withholding of the goods, to prove to the customs service:

— either that precautionary measures have been ordered by the President of the First-Instance Court;

— or that he has instituted proceedings before the civil court or the court of misdemeanours and has provided the required guarantees to cover his liability in the event of the infringement claim being eventually considered unfounded.

For the purpose of the institution of the legal proceedings referred to in the foregoing paragraph, the plaintiff may require the customs administration to communicate the names and addresses of the sender, the importer and the consignee of the goods withheld or of the holder thereof, and also the quantity thereof, notwithstanding the provisions of Article 59bis of the Customs Code concerning the professional secrecy to which all officials of the customs administration are bound.

The withholding mentioned in the first paragraph shall not concern the goods that have European status, which are legally produced or released for free circulation in the member state of the European Community and intended, having entered by a Customs territory as defined in the first article of Customs Code, to be released in the market of another member state of the European Community, to be legally commercialised.

Section 1: General Provisions

Article L611-1

(Act No. 96-1106 of 18 December 1996 Art. 2 Official Journal of 19 December 1996)

An industrial property title may be granted by the Director of the National Institute of Industrial Property to any invention, conferring on the holder or his successors in title an exclusive right to work the invention.

The grant of a title shall be subject to statutory dissemination as provided in Article L612-21.

Subject to the provisions of international treaties to which France is party, foreigners having their place of residence or business outside the territory on which this Title is applicable shall enjoy the benefits of this Title, provided that French nationals are granted reciprocal protection in the countries of which such foreigners are nationals.

Article L611-2

Inventions shall be protected by the following industrial property titles:

1°.patents, granted for a term of 20 years as from the day the application is filed;

2°.utility certificates, granted for a term of six years as from the day the application is filed;

3°.supplementary protection certificates in respect of a patent in accordance with Article L611-3, taking effect at the end of the statutory term of the patent to which they relate for a period of not more than seven years as from the end of the patent and 17 years as from issue of the marketing authorization referred to in that same Article.

The provisions of this Book concerning patents shall also apply to utility certificates, except those contained in Articles L612-14, L612-15 and the first paragraph of Article L612-17. They shall likewise apply to supplementary protection certificates, except those contained in Articles L. 611-12, L612-1 to L612-10, L612-12 to L612-15, L612-17, L612-20, L613-1 and L613-25.

Article L611-3

Any owner of a patent having effect in France and of which the subject matter is a medicine, a process for obtaining a medicine, a product required for obtaining such medicine or a process for manufacturing such product may, where they are used for producing a pharmaceutical speciality covered by a marketing authorization under Articles L601 or L617-1 of the Public Health Code, and as from its issue, obtain, under the conditions laid down by this Book and detailed by a decree in Conseil d'Etat, a supplementary protection certificate for those parts of the patent that correspond to the authorization.

Article L611-4

Patent applications and patents filed prior to July 1, 1979, shall continue to be governed by the rules in force on the date of their filing.

However, the provisions of this Book shall apply to the exercise of rights deriving from such patents and patent applications and to the subsequent procedure in respect of patent applications for which a preliminary draft documentary report had not been drawn up prior to July 1, 1979.

Article L611-5

Certificates of addition applied for prior to the entry into force of Act No. 90-1052 of November 26, 1990, relating to industrial property shall continue to be governed by the rules applicable at the date of the application.

However, the exercise of the rights deriving therefrom shall be governed by the provisions of this Book.

Section 2: Right to Title

Article L611-6

The right to the industrial property title referred to in Article L611-1 shall belong to the inventor or his successor in title.

If two or more persons have made an invention independently of each other, the right to the industrial property title shall belong to the person who can prove the earliest date of filing.

In actions before the Director of the National Institute of Industrial Property, the applicant shall be deemed to have a right to the industrial property title.

Article L611-7

(Act No. 94-102 of 5 February 1994 Art. 22 Official Journal of 8 February 1994)

Where the inventor is a salaried person, the right to the industrial property title, failing any contractual clause more favorable to the salaried person, shall be defined in accordance with the following provisions:

1°. Inventions made by a salaried person in the execution of a work contract comprising an inventive mission corresponding to his effective functions or of studies and research which have been explicitly entrusted to him, shall belong to the employer. The conditions under which the salaried person who is the author of such an invention shall enjoy additional remuneration shall be determined by the collective agreements, company agreements and individual employment contracts.

Where the employer is not subject to a sectorial collective agreement, any dispute relating to the additional remuneration shall be submitted to the joint conciliation board set up by Article L615-21 or by the First Instance Court.

2°. All other inventions shall belong to the salaried person. However, where an invention made by a salaried person during the execution of his functions or in the field of activity of the company or by reason of knowledge or use of technologies or specific means of the company or of data acquired by the company, the employer shall be entitled, subject to the conditions and the time limits laid down by decree in Conseil d'Etat, to have assigned to him the ownership or enjoyment of all or some of the rights in the patent protecting his employee's invention.

The salaried person shall be entitled to obtain a fair price which, failing agreement between the parties, shall be stipulated by the joint conciliation board set up by Article L615-21 or by the First Instance Court; these shall take into consideration all elements which may be supplied, in particular by the employer and by the employee, to compute the fair price as a function of both the initial contributions of either of them and the industrial and commercial utility of the invention.

3°. The salaried author of an invention shall inform his employer thereof and the latter shall confirm receipt in accordance with the terms and time limits laid down by regulation.

The salaried person and the employer shall communicate to each other all relevant information concerning the invention. They shall refrain from making any disclosure which would compromise, in whole or in part, the exercise of the rights afforded under this Book.

Any agreement between the salaried person and his employer concerning an invention made by the salaried person shall be recorded in writing, on pain of nullity.

4°. The implementing rules for this Article shall be laid down by decree in Conseil d'Etat.

5°. This Article shall also apply to the servants of the State, of local authorities and of any other public legal person under the terms to be laid down by decree in Conseil d'Etat.

Article L611-8

Where an application for the grant of an industrial property title has been made either for an invention unlawfully taken from an inventor or his successors in title, or in violation of a legal contractual obligation, the injured party may claim ownership of the application or of the title granted.

Actions claiming ownership shall be barred after three years from publication of the grant of the industrial property title.

However, if the bad faith of the owner of the title at the time the title was granted or acquired can be proved, the time limit shall be three years as from the expiry of the title.

Article L611-9

The inventor, whether salaried or not, shall be named as such in the patent; he may also oppose such identification.

Section 3: Patentable Inventions

Article L611-10

1. Inventions which are susceptible of industrial application, which are new and which involve an inventive step shall be patentable.

2. The following in particular shall not be regarded as inventions within the meaning of paragraph 1 of this Article:

a)Discoveries, scientific theories and mathematical methods;

b)Aesthetic creations;

c)Schemes, rules and methods for performing mental acts, playing games or doing business, and programs for computers;

d)Presentations of information.

3. The provisions of paragraph 2 of this Article shall exclude patentability of the subject matter or activities referred to in that provision only to the extent to which a patent application or patent relates to such subject matter or activities as such.

Article L611-11

An invention shall be considered to be new if it does not form part of the state of the art.

The state of the art shall be held to comprise everything made available to the public by means of a written or oral description, by use or in any other way, before the date of filing of the patent application.

Additionally, the content of French patent applications and of European or international patent applications which designate France as filed, of which the dates of filing are prior to the date referred to in the second paragraph of this Article and which were published on or after that date, shall be considered as comprised in the state of the art.

The provisions of the foregoing paragraphs shall not exclude the patentability of any substance or composition, comprised in the state of the art, for use in a method referred to in Article L611-16, provided that its use for any method referred to in that Article is not comprised in the state of the art.

Article L611-12

(Act No. 96-1106 of 18 December 1996 Art. 3 Official Journal of 19 December 1996)

Where the first filing has been made in a State which is not a party to the Paris Union or to the World Trade Organization, it shall not be possible to grant a priority right in regard of such filing having effects equivalent to those afforded by the Paris Convention under the same conditions unless such State affords an equivalent priority right on the basis of the first filing of a French patent application, an international application or a European patent application in which France is designated.

Article L611-13

For the application of Article L611-11, a disclosure of the invention shall not be taken into consideration in the following two cases:

— if it occurred within the six months preceding filing of the patent application;

— if the disclosure is the result of publication, after the date of that filing, of a prior patent application and if, in either case, it was due directly or indirectly to:

a)An evident abuse in relation to the applicant or his legal predecessor;

b)The fact that the applicant or his legal predecessor had displayed the invention at an official, or officially recognized, international exhibition falling within the terms of the revised Convention on International Exhibitions signed at Paris on November 22, 1928.

However, in the latter case, the displaying of the invention must have been declared at the time of filing and proof furnished within the time limits and under the conditions laid down by regulation.

Article L611-14

An invention shall be considered to involve an inventive step if, having regard to the state of the art, it is not obvious to a person skilled in the art. If the state of the art also includes documents referred to in the third paragraph of Article L611-11, such documents shall not be considered in deciding whether there has been an inventive step.

Article L611-15

An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture.

Article L611-16

Methods for treatment of the human or animal body by surgery or therapy and diagnostic methods practiced on the human or animal body shall not be regarded as inventions susceptible of industrial application within the meaning of Article L611-10. This provision shall not apply to products, in particular substances or compositions, for use in any of these methods.

Article L611-17

(Act No. 94-361 of 10 May 1994 art. 7 Official Journal of 11 May 1994)3

The following shall not be patentable:

a)Inventions the publication or exploitation of which would be contrary to public policy or morality, provided that the exploitation shall not be deemed to be so contrary merely because it is prohibited by law or regulation; in this respect, the human body, its elements and products as well as the knowledge of the whole or part of a human gene cannot as such be subject to patents;

b)New plant varieties belonging to a genus or species enjoying the protection instituted by the provisions of Chapter III of Title II of this Book relating to new plant varieties;

c)Animal varieties or essentially biological processes for the production of plants or animals; this provision shall not apply to microbiological processes or the products thereof.

Section 1: Filing of Applications

Article L612-1

(Act No. 94-102 of 5 February 1994 Art. 23 Official Journal of 8 February 1994)

Applications for a patent shall be made in the form and in accordance with the requirements set out in this Chapter and specified in detail by regulation.

Article L612-2

The date of filing of a patent application shall be the date on which the applicant has filed the documents containing:

a)A statement that a patent is sought;

b)Identification of the applicant;

c)A description and one or more claims, even if the description and the claims do not comply with the other requirements of this Title.

Article L612-3

Where two patent applications are successively filed by the same inventor or his successor in title within a period of 12 months at most, the applicant may request that the second application enjoy the filing date of the first application for those elements that are common to both applications.

The request shall not be admissible if enjoyment of a property right deriving from a prior foreign filing has already been requested for either of the two applications. It shall likewise not be admissible if the first application already enjoys, under the provisions of the first paragraph, several filing dates of which one is earlier by more than 12 months.

The grant of a patent enjoying a prior filing date under this Article shall lead to termination of the effects deriving from the first filing date for those same elements.

Article L612-4

The patent application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept.

An application which does not comply with the provisions of the foregoing paragraph shall be divided into divisional applications within the prescribed time limit; the date of filing and, as the case may be, the priority date of divisional applications shall be the date or dates of the initial application.

Article L612-5

The patent application must disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art.

If an invention concerns the use of a microorganism which is not available to the public, the description shall only be regarded as disclosing the invention in an adequate manner if a culture of the microorganism has been deposited with an authorized body. The conditions governing public access to such culture shall be laid down by regulation.

Article L612-6

The claims shall define the matter for which protection is sought. They shall be clear and concise and be supported by the description.

Article L612-7

1. An applicant for a patent wishing to take advantage of the priority of a previous application shall be required to file a declaration of priority and a copy of the previous application in accordance with the conditions and time limits laid down by regulation.

2. Multiple priorities may be claimed in respect of a patent application, notwithstanding the fact that they originated in different States. Where appropriate, multiple priorities may be claimed for one and the same claim. Where multiple priorities are claimed, the time limits which run from the date of priority shall be computed from the earliest date of priority.

3. If one or more priorities are claimed in respect of a patent application, the priority right shall cover only those elements of the application whose priority is claimed.

4. If certain elements of the invention for which priority is claimed do not appear among the claims formulated in the previous application, priority may nonetheless be granted provided that the documents of the previous application as a whole specifically disclose such elements.

5. With regard to the effects of the priority right, the priority date shall be deemed to be that of the filing of the patent application for the purposes of applying the second and third paragraphs of Article L611-11.

Section 2: Processing of Applications

Article L612-8

The Minister responsible for defense shall be empowered to take cognizance, on a confidential basis, of patent applications at the National Institute of Industrial Property.

Article L612-9

Inventions which are the subject of patent applications may not be disclosed or freely worked until an authorization to that effect has been granted.

Until such time, patent applications shall not be made available to the public, no true copy of the patent application shall be issued, except where authorized, and the procedures under Articles L612-14, L612-15 and item 1 of Article L612-21 may not be instituted.

Subject to Article L612-10, the authorization referred to in the first paragraph of this Article may be granted at any time. Authorization shall be automatic on expiry of a period of five months from the filing date of the patent application.

The authorizations referred to in the first and second paragraphs of this Article shall be granted by the Minister responsible for industrial property after having obtained the opinion of the Minister responsible for defense.

Article L612-10

Prior to expiry of the period referred to in the second paragraph of Article L612-9, the prohibitions laid down in the first paragraph of that Article may be extended, at the demand of the Minister responsible for defense, for a renewable period of one year. The extended prohibitions may be lifted at any time under the same procedure.

Where a prohibition has been extended under this Article, the owner of the patent application shall be entitled to compensation commensurate with the loss incurred. Failing amicable agreement, such compensation shall be laid down by the First Instance Court. Proceedings at all levels of jurisdiction shall take place in court chambers.

A petition for revision of the compensation provided for in the foregoing paragraph may be filed by the owner of the patent on expiry of one year after the date of the final judgment determining the amount of the compensation.

The owner of the patent shall furnish evidence showing that the loss suffered by him is in excess of the assessment of the court.

Article L612-11

The Director of the National Institute of Industrial Property shall examine patent applications for their compliance with the laws and regulations referred to in Article L612-12.

Article L612-12

(Act No. 94-102 of 5 February 1994 Art. 25 Official Journal of 8 February 1994)

A patent application shall be refused, in whole or in part, if:

1°.it does not meet the requirements of Article L612-1;

2°.it has not been divided in accordance with Article L612-4;

3°.it concerns a divisional application whose subject matter extends beyond the contents of the description in the original application;

4°.its subject matter is an invention which is manifestly non-patentable under Article L611-7;

5°.its subject matter is manifestly not to be regarded as an invention within the meaning of the second paragraph of Article L611-10 or as an invention susceptible of industrial application within the meaning of Article L611-16;

6°.its description or claims do not permit Article L612-14 to be applied;

7°.it has not been amended following notice to do so although the search report manifestly indicated an absence of novelty;

8°.the claims are not based on the description;

9°.the applicant has not, where applicable, made comments or filed new claims in the course of the drawing up of the search report provided for in Article L612-14.

Where the reasons for refusal concern only a part of the patent application, the corresponding claims only shall be refused.

Where the application fails in part to comply with item (a) of Article L611-17 or with Article L612-1, the corresponding parts of the description and the drawings shall be deleted ex officio.

Article L612-13

(Act No. 94-102 of 5 February 1994 Art. 25 Official Journal of 8 February 1994)

As from the day the application is filed and up to the day on which the documentary search prior to the report referred to in Article L. 612-14 has been commenced, the applicant may file new claims.

The possibility of filing new claims shall be open to the applicant for a utility certificate up to the day the title is granted.

As from the day the patent application is published under item 1 of Article L612-21 and within a period of time to be laid down by regulation, any third party may address to the National Institute of Industrial Property written comments on the patentability, within the meaning of Articles L611-11 and L611-14, of the invention which is the subject of the application. The National Institute of Industrial Property shall communicate such comments to the applicant who, within a period of time laid down by regulation, may submit comments in reply and file new claims.

Article L612-14

Subject to the provisions of Article L612-15 and if it has been given a filing date, a patent application shall give rise to a search report with regard to the elements of prior art that may be taken into consideration for assessing the patentability of the invention within the meaning of Articles L611-11 and L611-14.

The report shall be drawn up in accordance with the conditions laid down by decree.

Article L612-15

The applicant may request that the drawing-up of the search report be deferred during a period of 18 months; such period shall begin with the filing of the patent application or with the priority date, where a priority has been claimed. The applicant may withdraw his request at any time; he must do so before initiating infringement proceedings or before making the notification referred to in the first paragraph of Article L615-4. As from the publication referred to in item 1 of Article L. 612-21, any third party may request the drawing-up of a search report.

The applicant may at any time convert his patent application into an application for a utility certificate. On expiry of the time limit laid down in the foregoing paragraph and if a search report has not been requested, such conversion shall be decided ex officio in accordance with the conditions laid down by regulation.

Article L612-16

Where an applicant has not complied with a time limit as regards the National Institute of Industrial Property, he may submit an appeal for reinstatement of his rights if he is able to give a legitimate reason and if the direct consequence of the hindrance has been refusal of his patent application or of a request or the loss of any other right or means of appeal.

The appeal must be submitted to the Director of the National Institute of Industrial Property within two months of the hindrance ceasing to exist. The act that has not been carried out must be accomplished within that period. The appeal shall only be admissible within a period of one year from expiry of the time limit not complied with.

This Article shall not apply to either the time limits laid down in Articles L612-15, L612-19 and L613-22 or the period of priority established by Article 4 of the Paris Convention for the Protection of Industrial Property.

Article L612-17

Once the procedure laid down in Articles L612-14 and L612-15 has been completed, the patent shall be granted.

All titles granted shall comprise the description, drawings if any, claims and, in the case of a patent, the search report.

Article L612-18

Where normal operation of communications is interrupted, a decree that shall take effect as of the date of the interruption may suspend the time limits with regard to the National Institute of Industrial Property for the whole duration of such interruption.

Article L612-19

Annual fees shall be paid in respect of every patent application and every patent, with payment to be effected not later than the date laid down by decree in Conseil d'Etat.

Where payment of an annual fee has not been made at the date referred to in the foregoing paragraph, such fee may be validly paid within an additional period of six months subject to payment of a surcharge within that same period.

Article L612-20

Except where it is obvious that the invention is not patentable, the amount of fees to be paid to the National Institute of Industrial Property for patent applications and patents shall be reduced for natural persons having their place of residence in France whose resources are insufficient for them to be liable to income tax.

At their request, such persons may additionally enjoy the aid of an industrial property attorney having the corresponding specialization in proceedings before the National Institute of Industrial Property.

The cost of such aid shall be borne by the Institute.

Section 3: Statutory Dissemination of Inventions

Article L612-21

The National Institute of Industrial Property shall publish, under the conditions defined by decree in Conseil d'Etat, by a notice in the Official Bulletin of Industrial Property, by making available to the public the full text or by dissemination through a data-bank or distribution on a data medium:

1°.the file of each application for a patent or a utility certificate on expiry of 18 months from the date of filing or from the priority date, where priority has been claimed, or at the simple request of the applicant prior to expiry of that period;

2°.each application for a supplementary protection certificate, attached to the patent application to which the certificate relates or, where the latter application has already been published, as of its filing, with an identification in such case of the patent to which the certificate relates;

3°.any subsequent procedural act;

4°.any grant of such title;

5°.the acts referred to in Article L613-9;

6°.the date of the authorization referred to in Article L611-3, with an identification of the corresponding patent.

Article L612-22

The provisions of Article L612-21 shall be applicable to applications for European patents and to European patents.

Article L612-23

The National Institute of Industrial Property shall issue, at the request of any person concerned or at the demand of any administrative authority, a documentary report citing the elements of prior art that may be taken into consideration when assessing the patentability of the invention under Articles L611-11 and L611-14.

Section 1: Exclusive Right of exploitation

Article L613-1

The exclusive right of exploitation referred to in Article L611-1 shall take effect as of the filing of the application.

Article L613-2

The extent of the protection afforded by a patent shall be determined by the terms of the claims. Nevertheless, the description and drawings shall be used to interpret the claims.

Where the subject matter of the patent is a process, the protection afforded by the patent shall extend to the products directly obtained by such process.

Article L613-3

The following shall be prohibited, save consent by the owner of the patent:

a)Making, offering, putting on the market or using a product which is the subject matter of the patent, or importing or stocking a product for such purposes;

b)Using a process which is the subject matter of the patent or, when the third party knows, or it is obvious in the circumstances, that the use of the process is prohibited without the consent of the owner of the patent, offering the process for use on French territory;

c)Offering, putting on the market or using the product obtained directly by a process which is the subject matter of the patent or importing or stocking for such purposes.

Article L613-4

1. It shall also be prohibited, save consent by the owner of the patent, to supply or offer to supply, on French territory, to a person other than a person entitled to work the patented invention, the means of implementing, on that territory, the invention with respect to an essential element thereof where the third party knows, or it is obvious from the circumstances, that such means are suited and intended for putting the invention into effect.

2. Paragraph 1 shall not apply where the means of implementation are staple commercial articles, except where the third party induces the person supplied to commit acts prohibited by Article L613-3.

3. Persons carrying out the acts referred to in items (a), (b) and (c) of Article L613-5 shall not be deemed persons entitled to work the invention within the meaning of paragraph 1.

Article L613-5

The rights afforded by the patent shall not extend to:

a)Acts done privately and for non-commercial purposes;

b)Acts done for experimental purposes relating to the subject matter of the patented invention;

c)The extemporaneous preparation for individual cases in a pharmacy of a medicine in accordance with a medical prescription or acts concerning the medicine so prepared.

Article L613-6.

(Act No. 93-1420 of 31 December 1993 Art. 5 Official Journal of 1 January 1994)

The rights afforded by a patent shall not extend to acts concerning a product covered by that patent which are done on French territory after such product has been put on the market in France or on the territory of a State party to the Agreement on the European Economic Area by the owner of the patent or with his express consent.

Article L613-7

(Act No. 96-1106 of 18 December 1996 Art. 4 Official Journal of 19 December 1996)

Any person who, within the territory in which this Book applies, at the filing date or priority date of a patent was, in good faith, in possession of the invention which is the subject matter of the patent shall enjoy a personal right to work that invention despite the existence of the patent.

The right afforded by this Article may only be transferred together with the business, the enterprise or the part of the enterprise to which it belongs.

Section 2: Assignment and Loss of Rights

Article L613-8

The rights deriving from a patent application or a patent shall be assignable in whole or in part.

They may be subject in whole or in part to the grant of an exclusive or non-exclusive license to work the invention.

The rights afforded by the patent application or the patent may be invoked against a licensee who exceeds any of the limits on his license stipulated in accordance with the foregoing paragraph.

Subject to the cases referred to in Article L611-8, assignment of the rights referred to in the first paragraph shall not affect the rights acquired by third parties prior to the date of assignment.

The acts referred to in the first two paragraphs which comprise assignment or license shall be executed in writing, on pain of nullity.

Article L613-9

To have effect against others, all acts assigning or modifying rights deriving from a patent application or a patent must be entered in a register, known as the National Patent Register, kept by the National Institute of Industrial Property.

However, an act may have effect, prior to entry, against parties who have acquired rights after the date of such act, but who had knowledge of the act when acquiring the rights.

Article L613-10

At the request of an owner who wishes to make a public offer of working of his invention and on condition that the patent is not the subject of an exclusive license entered in the National Patent Register, the system of licenses of right may be applied to any patent at the decision of the Director of the National Institute of Industrial Property if a documentary report has been drawn up not showing any anticipation manifestly affecting the patentability of the invention.

The request referred to in the foregoing paragraph shall contain a statement in which the owner of the patent authorizes any public or private legal person to work the patent against payment of appropriate compensation. A license of right may only be non-exclusive. Failing agreement between the owner of the patent and the licensee, the amount of compensation shall be determined by the First Instance Court. The licensee may surrender the license at any time.

The decision to apply the system of licenses of right to a patent shall also entail a reduction in the annual fee referred to in Article L612-19, except for the fees already due.

At the request of the owner of the patent, the Director of the National Institute of Industrial Property shall revoke his decision. Revocation shall entail the loss of the reduction referred to in the foregoing paragraph. It shall have no effect on licenses of right already obtained or requested in respect of the patent concerned.

Article L613-11

(Act No. 93-1420 of 31 December 1993 Art. 1,Art. 5 Official Journal of 1 January 1994)

(Act No. 96-1106 of 18 December 1996 Art. 5 Official Journal of 19 December

On expiry of a period of three years from the grant of a patent or four years from the filing date of the application and subject to the conditions laid down in the following Articles, any public or private legal person may be granted a compulsory license under the patent provided that, at the time of the application for such license and failing legitimate reasons, neither the owner of the patent nor his successor in title:

a)Has begun to work or has made real and effective preparations for working the invention that is the subject matter of the patent on the territory of a Member State of the European Community or another State party to the Agreement on the European Economic Area;

b)Has marketed the product that is the subject matter of the patent in a quantity sufficient to satisfy the needs of the French market.

The same shall apply where working, as mentioned under (a) above, or marketing, as mentioned under (b) above, in France has been discontinued for more than three years.

For the purposes of the application of this Article, the importation of patented goods manufactured in a State party to the Agreement Establishing the World Trade Organization shall be considered working of the patent.

Article L613-12

(Act No. 96-1106 of 18 December 1996 Art. 7 Official Journal of 19 December 1996)

The application for a compulsory license shall be made to the First Instance Court; it must be accompanied by evidence establishing that the applicant has been unable to obtain a license from the owner of the patent and that he is in a position to work the invention in an effective and serious manner.

A compulsory license shall be granted on fixed terms, particularly in respect of its duration, its field of application and the amount of the royalties to be paid in consideration thereof.

Those terms may be amended by court decision on a request by the owner or the licensee.

Article L613-13

(Act No. 96-1106 of 18 December 1996 Art. 6 Official Journal of 19 December 1996)

Compulsory and ex officio licenses shall be non-exclusive. The rights deriving from such licenses may only be transferred together with the business, the enterprise or part of the enterprise to which they belong.

Article L613-14

If the holder of a compulsory license fails to comply with the terms under which the license was granted, the owner of the patent and, as appropriate, the other licensees may obtain withdrawal of the license by the court.

Article L613-15

(Act No. 96-1106 of 18 December 1996 Art. 8 Official Journal of 19 December 1996)

The owner of a patent concerning an improvement on an invention already patented on behalf of another person may not work his invention without the consent of the owner of the earlier patent; the latter owner may not work the patented improvement without the consent of the owner of the patent of improvement.

After hearing the Public Prosecutor, and in the public the First Instance Court may grant to the owner of the patent of improvement, at his request which may not be made before expiry of the period specified in Article L613-11, a license to the extent necessary for working the invention to which that patent relates, in so far as the invention to which the improvement patent relates represents substantial technical progress and economic interest in relation to the prior patent. The license granted to the owner of the patent of improvement may only be transferred together with the said patent. On a request submitted to the Court, the owner of the earlier patent shall, be granted a license under the patent of improvement.

The provisions of Articles L613-12 to L613-14 shall apply.

Article L613-16

Where the interests of public health demand, patents granted for medicines or for processes for obtaining medicines, for products necessary in obtaining such medicines or for processes for manufacturing such products may be subject to ex officio licenses in accordance with Article L613-17 in the event of such medicines being made available to the public in insufficient quantity or quality or at abnormally high prices, by order of the Minister responsible for industrial property, at the request of the Minister responsible for health.

Article L613-17

As from the date of publication of the order subjecting the patent to ex officio licenses, any qualified person may apply to the Minister responsible for industrial property for the grant of a license to work the patent. The license shall be granted by order of that Minister under fixed conditions, particularly in respect of its duration and field of application, but excluding the amount of the royalties to be paid in consideration thereof.

The license shall take effect from the date of notification of the order to the parties.

In the absence of amicable agreement approved by the Minister responsible for industrial property and the Minister responsible for health, the amount of the royalties shall be laid down by the First Instance Court.

Article L613-18

(Act No. 96-1106 of 18 December 1996 Art. 7 Official Journal of 19 December 1996)

The Minister responsible for industrial property may give formal notice to the owners of patents other than those referred to in Article L613-16 to undertake the working of such patents so as to satisfy the requirements of the national economy.

If no action is taken within a period of one year to comply with such notice and if the failure to work the invention or the insufficiency in quality or quantity of the working seriously prejudice economic development and the public interest, the patents in respect of which formal notice has been given may be subjected to ex officio licenses by decree in Conseil d'Etat.

The Minister responsible for industrial property may extend the one-year period referred to above if the owner of the patent can produce legitimate reasons consistent with the demands of the national economy.

As from the date of publication of the decree subjecting the patent to ex officio licenses, any qualified person may apply to the Minister responsible for industrial property for the grant of a license to work the patent.

The license may only be non-exclusive: it shall be granted by an order of the above-mentioned Minister on fixed conditions with regard to its duration and field of application, but excluding the amount of royalties to be paid in consideration thereof. The license shall take effect from the date of notification of the order to the parties.

Failing amicable agreement, the amount of the royalties shall be laid down by the First Instance Court.

Article L613-19

The State may at any time obtain ex officio in order to meet its defense requirements a license to work an invention that is the subject of a patent application or a patent, whether the working is to be done by the State itself or on its behalf.

The ex officio license shall be granted at the request of the Minister responsible for defense by order of the Minister responsible for industrial property. The order shall lay down the conditions of the license, but excluding those relating to the amount of royalties to be paid in consideration thereof.

The license shall take effect on the date of the request for an ex officio license.

Failing amicable agreement, the amount of the royalties shall be laid down by the First Instance Court. Proceedings at all levels of jurisdiction shall take place in court chambers.

Article L613-19-1

(Act No. 96-1106 of 18 December 1996 Art. 9 Official Journal of 19 December 1996)

Where the subject matter of the patent is an invention in the field of semiconductor technology, a compulsory or ex officio license may only be granted for public, non-commercial purposes or to remedy a practice declared anti-competitive as a result of judicial or administrative proceedings.

Article L613-20

The State may, at any time, expropriate by decree in whole or in part for the requirements of national defense the inventions that are the subject of patent applications or patents.

Failing amicable agreement, compensation for expropriation shall be laid down by the First Instance Court.

The proceedings at all levels of jurisdiction shall take place in court chambers.

Article L613-21

Seizure of a patent shall be effected by means of an extrajudicial instrument served on the owner of the patent, on the National Institute of Industrial Property and on any persons holding rights in the patent; as a result of seizure, no subsequent changes to the rights deriving from the patent may be invoked against the creditor effecting seizure.

On pain of nullity of the seizure, the creditor effecting the seizure shall be required, within the prescribed period of time, to petition the court for validation of the seizure and for the purpose of offering the patent for sale.

Article L613-22.

1. The owner of a patent application or of a patent shall lose his rights if he has not paid the annual fees laid down in Article L612-19 within the period of time prescribed in that Article.

The loss of rights shall take effect on the due date of the unpaid annual fee.

It shall be recorded by a decision of the Director of the National Institute of Industrial Property or, at the request of the patentee or of another person, in accordance with the conditions laid down by regulation.

The decision shall be published and notified to the patentee.

2. Within three months following notification of the decision, the patentee may lodge an appeal for reinstatement of his rights if he can provide legitimate reasons for failure to pay the annual fee.

Reinstatement shall be granted by the Director of the National Institute of Industrial Property on condition that the annual fee or fees be paid within the period of time prescribed by regulation.

Article L613-23

The periods of time referred to in Article L613-22 may be suspended in the cases referred to in Article L612-18 and in accordance with the conditions laid down in that Article.

Article L613-24

The owner of a patent may at any time relinquish either the entire patent or one or more claims under the patent.

Relinquishment shall be effected in writing with the National Institute of Industrial Property. It shall take effect on the day of its publication.

Where real property rights, under a pledge or license, have been entered in the National Patent Register, relinquishment shall only be admissible if the beneficiaries of such rights give their consent.

The second and third paragraphs of this Article shall not apply to relinquishments made under Article L612-15.

Article L613-25

A patent shall be revoked by court decision:

a)If its subject matter is not patentable within the terms of Articles L611-10, L611-11 and L611-13 to L611-17;

b)If it does not disclose the invention in a manner sufficiently clear and complete for it to be carried out by a person skilled in the art;

c)If its subject matter extends beyond the content of the patent application as filed, or if it was granted on a divisional application, beyond the content of the earlier application as filed.

If the grounds for revocation affect the patent in part only, revocation shall be pronounced in the form of a corresponding limitation of the claims.

Article L613-26

The public prosecutor may act ex officio for the revocation of a patent.

Article L613-27

(Act No. 94-102 of 5 February 1994 Art. 26 Official Journal of 8 February 1994)

A decision to revoke a patent shall have absolute effect, subject to opposition from third parties. For patents applied for prior to January 1, 1969, revocation shall apply to those parts of the patent determined by the terms of the decision.

Final decisions shall be notified to the Director of the National Institute of Industrial Property for entry in the National Patent Register.

Where a decision partially revokes a claim, the owner of the patent shall be referred to the National Institute of Industrial Property in order to submit a modified wording of the claim in accordance with the terms of the decision. The Director of the Institute shall be empowered to reject the modified claim for lack of conformity with the decision, subject to appeal to one of the appeal courts designated under Article L411-4 of the Code.

Article L613-28

A supplementary protection certificate shall be revoked:

— if the patent to which it relates is revoked;

— if the patent to which it relates is revoked for all those parts that correspond to the marketing authorization;

— if the corresponding marketing authorization is revoked;

— if it has been issued contrary to the provisions of Article L611-3.

Where the patent to which it relates is revoked for a fraction only of the parts that correspond to the marketing authorization, the certificate shall be revoked for that part only that corresponds to such fraction.

Section 3: Joint Ownership of Patents

Article L613-29

Joint ownership of a patent application or of a patent shall be governed by the following provisions:

a) Each joint owner may work the invention for his own benefit subject to equitably compensating the other joint owners who do not personally work the invention or who have not granted a license. Failing amicable agreement, such compensation shall be laid down by the First Instance Court.

b) Each joint owner may take action for infringement for his own exclusive benefit. A joint owner who takes action for infringement shall notify the other joint owners of the action that has been brought; judgment shall be deferred until such notification has been proved.

c) Each joint owner may grant to a third party a non-exclusive license for his own benefit subject to making equitable compensation to the other joint owners who do not personally work the invention or who have not granted a license. Failing amicable agreement, such compensation shall be laid down by the First Instance Court.

However, the draft licensing agreement must be notified to the other joint owners accompanied by an offer for transfer of the share at a specified price.

Within three months of such notification, any of the joint owners may oppose the granting of a license on condition that he acquires the share of the joint owner wishing to grant the license.

Failing agreement within the time limit laid down in the foregoing paragraph, the price shall be laid down by the First Instance Court. The parties shall have one month from notification of the decision or of a decision on an appeal to forego the sale or the purchase of the joint ownership share, without prejudice to any damages that may be due; costs shall be borne by the renouncing party.

d) An exclusive license may only be granted with the agreement of all the joint owners or by the authorization of the court.

e) Each joint owner may, at any moment, assign his share. The joint owners shall have a right of pre-emption for a period of three months from the notification of the intended assignment. Failing agreement on the price, such price shall be fixed by the First Instance Court. The parties shall have a period of one month as from notification of the judgment or, in the case of an appeal, of the decision, to forego the sale or the purchase of the joint initial share, without prejudice to any damages which may be due; the costs shall be borne by the renouncing party.

Article L613-30

Articles 815 et seq., 1873-1 et seq. and 883 et seq. of the Civil Code shall not apply to joint ownership of a patent application or of a patent.

Article L613-31

The joint owner of a patent application or a patent may notify the other joint owners that he relinquishes his share in their favor. Once the relinquishment has been entered in the National Patent Register or, in the case of an unpublished patent application, as from its notification to the National Institute of Industrial Property, such joint owner shall be relieved of all obligations

towards the other joint owners; the latter shall divide the relinquished share between them in proportion to their rights in the joint property, except where otherwise agreed.

Article L613-32

In the absence of provisions to the contrary, Articles L613-29 to L613-31 shall apply.

The joint owners may derogate from this Article at any time by means of a joint ownership agreement.

Section 1: European Patents

Article L614-1

This Section concerns the application of the Convention done at Munich, on October 5, 1973, referred to hereinafter as “the Munich Convention.”

Paragraph 1: Filing of European Patent Applications

Article L614-2

A European patent application may be filed with the National Institute of Industrial Property at its headquarters or, where necessary, at one of its regional centers, in accordance with the arrangements to be laid down by regulation.

An application must be filed with the National Institute of Industrial Property if the applicant has his place of residence or business in France and is not claiming the priority of an earlier filing in France.

Article L614-3

The Minister responsible for defense shall be empowered to take cognizance at the National Institute of Industrial Property, on a confidential basis, of the European patent applications filed with that Institute.

Article L614-4

Inventions which are the subject of European patent applications filed with the National Institute of Industrial Property may not be disclosed or freely worked until authorization has been given for such purpose.

During such period, applications may not be made public; no true copies of applications may be issued without authorization.

The authorizations referred to in the first and second paragraphs of this Article shall be given by the Minister responsible for industrial property after having obtained the opinion of the Minister responsible for defense.

The authorization referred to in the first paragraph may be given at any time. Subject to the first paragraph of Article L614-5, such authorization shall automatically be deemed to have been given on expiry of four months from the filing date of the application or, where priority has been claimed, upon expiry of 14 months from the priority date.

Article L614-5

Prior to expiry of either one of the periods referred to in the last paragraph of Article L614-4, the prohibitions provided for by that Article may be extended, at the demand of the Minister responsible for defense, for a renewable period of one year. In such case, the application shall not be transmitted to the European Patent Office. The prohibitions thus extended may be lifted at any time.

Where prohibitions have been extended, the second and third paragraphs of Article L612-10 of this Code shall apply.

Article L614-6

A European patent application may only be converted to a French patent application in the cases provided for by Article 135(1)(a) of the Munich Convention.

In such cases, the applicant shall be required to satisfy the conditions to be laid down by regulation, failing which the French patent application shall be refused.

Where a search report has been drawn up prior to conversion of the application, such report shall be deemed to constitute the search report referred to in Article L612-15.

Paragraph 2 Effect in France of European Patents

Article L614-7

Where the text in which the European Patent Office set up by the Munich Convention issues a European patent or maintains such patent in a modified form is not drawn up in French, the owner of the patent shall supply to the National Institute of Industrial Property a translation of that text in accordance with the conditions and time limits laid down by decree in Conseil d'Etat. Failure to comply with this requirement shall render the patent void.

Article L614-8

Within three months of publication of European patent applications for which the language of the proceedings is not French, the National Institute of Industrial Property shall translate and publish in French the abstracts required by Article 78(1)(e) of the Munich Convention.

Article L614-9

The rights specified in Articles L613-3 to L613-7, L615-4 and L615-5 of this Code may be exercised as from the date on which a European patent application is published under Article 93 of the Munich Convention.

Where publication is made in a language other than French, the rights referred to in the above paragraph may only be exercised as from the date on which a French translation of the claims has been published by the National Institute of Industrial Property, at the request of the applicant, under the conditions laid down by decree in Conseil d'Etat or has been notified to the alleged infringer.

Article L614-10

Where a French translation has been made in accordance with Article L614-7 or with the second paragraph of Article L614-9, such translation shall be deemed authentic if the European patent application or the European patent affords, in translation, narrower protection than that afforded by such application or by such patent in the language in which the application was filed.

However, a corrected translation may be filed at any time by the owner of the application or of the patent. Such translation shall not have legal effect, however, until the requirements of Article L614-7 or of the second paragraph of Article L614-9 have been satisfied.

Any person who in good faith has begun using or has made effective and serious preparations for using an invention the use of which would not constitute infringement of the application or patent in the original translation may, after the corrected translation takes effect, continue such use in the course of his business or for the needs thereof without payment.

Notwithstanding the above provisions, the language of the proceedings shall be authentic in revocation proceedings.

Article L614-11

Entry in the Register of European Patents of acts transmitting or amending the rights deriving from a European patent application or a European patent shall give such acts effect with regard to third parties.

Article L614-12

A European patent may be revoked with effect for France on any one of the grounds set out in Article 138(1) of the Munich Convention.

If the grounds for revocation affect the patent in part only, revocation shall be pronounced in the form of a limitation of the claims, the description or the drawings.

Article L614-13

Where a French patent covers an invention for which a European patent has been granted to the same inventor or to his successor in title with the same filing date or the same priority, the French patent shall cease to have effect at either the date on which the period during which opposition may be filed against the European patent expires without opposition having been filed or the date on which the opposition proceedings are closed and the European patent maintained.

However, where a French patent has been granted at a date later than either of the dates, as appropriate, laid down in the foregoing paragraph, such patent shall not take effect.

The subsequent lapse or annulment of the European patent shall have no effect on the provisions of this Article.

Article L614-14

(Act No. 94-102 of 5 February 1994 Art. 28 Official Journal of 8 February 1994)

Where a French patent application or a French patent and a European patent application or a European patent have the same filing or priority date, cover the same invention and belong to the same inventor or to his successor in title, those parts which are common may not be transferred, pledged, mortgaged or their exploitation rights assigned independently of each other on pain of nullity.

Notwithstanding Article L613-9, entry in the National Patent Register of a transfer or an amendment of rights deriving from a French patent application or French patent may only be invoked against others if the same transfer or same amendment of the rights deriving from the European patent application or the European patent have been entered in the register of European patents.

The French patent application or the French patent and the priority right for the filing of a European patent application may not be transferred independently of each other.

Article L614-15

(Act No. 94-102 of 5 February 1994 Art. 29 Official Journal of 8 February 1994)

The Court hearing proceedings for infringement of a French patent which covers the same invention as a European patent applied for by the same inventor or granted to him or to his successor in title with the same priority shall stay proceedings until the date on which the French patent ceases to have effect in accordance with Article L614-13 or until the date on which the European patent application is refused, withdrawn or considered to have been withdrawn, or the European patent is revoked.

Where the infringement proceedings are based solely on the French patent, the plaintiff may pursue the proceedings, on resumption thereof, by replacing the French patent by the European patent for the acts subsequent to the date on which the French patent ceases to have effect and for those parts which are common.

Where infringement proceedings are based on both the French patent and the European patent, neither the penal sanctions nor the civil damages may be cumulative.

Where proceedings are based on one only of the two patents, no new action in respect of the same acts may be instituted on the basis of the other patent by the same plaintiff against the same defendant.

Article L614-16

A decree in Conseil d'Etat shall lay down the conditions for applying this Section, particularly as regards the implementation of Article 137(2) of the Munich Convention.

Section 2: International Applications

Article L614-17

This Section concerns the application of the Patent Cooperation Treaty done at Washington on June 19, 1970, and hereinafter referred to as “the Washington Treaty.”

Paragraph 1 Filing of International Applications

Article L614-18

International applications for the protection of an invention submitted by natural or legal persons having their place of residence or business in France must be filed with the National Institute of Industrial Property where no claim is made to priority under an earlier filing in France. In such cases, the National Institute of Industrial Property shall act as receiving Office within the meaning of Articles 2(XV) and 10 of the Washington Treaty.

Article L614-19

The Minister responsible for defense shall be empowered to take cognizance at the National Institute of Industrial Property, on a confidential basis, of the international applications for the protection of inventions filed with that Institute.

Article L614-20

Inventions which are the subject of international applications filed with the National Institute of Industrial Property may not be disclosed or freely worked until authorization has been given for such purpose.

During such period, applications may not be made public; no true copies of applications may be issued without authorization.

The authorizations referred to in the first and second paragraphs of this Article shall be given by the Minister responsible for industrial property after having obtained the opinion of the Minister for Defense.

The authorization referred to in the first paragraph may be given at any time. Subject to the first paragraph of Article L614-21, such authorization shall automatically be deemed to have been given on expiry of five months from the filing date of the application or, where priority has been claimed, on expiry of 13 months from the priority date.

Article L614-21

(Act No. 94-102 of 5 February 1994 Art. 30 Official Journal of 8 February 1994)

Prior to expiry of either of the two periods referred to in the final paragraph of Article L614-20, the prohibitions provided for in that Article may be extended, at the demand of the Minister for Defense, for a renewable period of one year. In such case, the application shall not be transmitted to the International Bureau set up by the Washington Treaty. The prohibitions thus extended may be lifted at any time.

Where prohibitions have been extended, the second, third and fourth paragraphs of Article L612-10 shall apply.

Article L614-22

Articles L614-19, L614-20 and L614-21 shall not apply if the applicant does not have his place of residence or business in France and the National Institute of Industrial Property therefore acts as receiving Office in place of the national Office of another State party to the Washington Treaty or if it has been designated as receiving Office by the Assembly of the Union set up by that Treaty.

Article L614-23

A decree in Conseil d'Etat shall lay down the conditions for applying this Section, particularly as regards receipt of the international application, the language in which the application shall be filed, determination of a fee for services rendered, known as the transmittal fee, to be levied in favor of the National Institute of Industrial Property, and the representation of applicants having their place of residence or business abroad.

Paragraph 2: Effect in France of International Applications

Article L614-24

Where an international application for the protection of an invention filed under the Washington Treaty contains the designation or election of France, it shall be deemed to be an application for a European patent governed by the provisions of the Munich Convention.

Section 3: Community Patents

Article L614-25

This Section concerns the application of the Convention for the European Patent for the Common Market (Community Patent Convention) done at Luxembourg on December 15, 1975, hereinafter referred to as “the Luxembourg Convention.” It shall enter into force on the same date as the Luxembourg Convention.

Article L614-26

Articles L614-7 to L614-14 (first and second paragraphs) shall not apply where the European patent application designates a State of the European Economic Community and where the patent granted is a Community patent.

Article L614-27

Within three months of publication of Community patent applications for which the language of proceedings is not French, the National Institute of Industrial Property shall translate and publish in French the abstracts required by Article 78(1)(e) of the Munich Convention.

Article L614-28

When applying Article L614-15 and Article L615-17 to the patent applications and patents referred to in Article L614-26, the reference made in those Articles to Article L614-13 shall be replaced by a reference to Article 80(1) of the Luxembourg Convention.

Article L614-29

The transfer, pledging, mortgaging or assignment of exploitation rights in a European patent application designating a State of the European Economic Community or in a Community patent resulting from such application shall automatically imply, with regard to the common parts, the same transfer, pledge, mortgage or assignment of exploitation rights in the French patent application or the French patent having the same filing date or the same priority date and which covers the same invention belonging to the same inventor or his successor in title.

In the same circumstances, a French patent application or French patent may not be subject, on pain of nullity, to a transfer, pledge, mortgage or assignment of exploitation rights independently of the European patent application that designates a State of the European Economic Community or of the Community patent resulting from such application.

Notwithstanding Article L613-20, such entry in the National Patent Register of such transfer or amendment of rights deriving from a French patent or a French patent application shall only have effect with regard to third parties if the same transfer or same amendment of the rights deriving from the European patent application designating a State of the European Economic Community or a Community patent resulting from such application has been entered, as appropriate, in the Register of European Patents or in the Register of Community Patents.

Article L614-30

Where the request for grant of a patent contains a statement under Article 86(1) of the Luxembourg Convention to the effect that the applicant does not wish to obtain a Community patent, Articles L614-26 and L614-29 shall not apply.

However, Article L614-13 shall also not apply in such case.

Section 4: Final Provisions

Article L614-31

French citizens may claim application to their benefit in France of the provisions of the International Convention for the Protection of Industrial Property signed at Paris on March 20, 1883, together with the agreements, additional acts and final protocols that have amended or will amend that Convention, in all those cases where those provisions are more favorable than French law for protecting the rights deriving from industrial property.

No provision in this Title may be interpreted as depriving French citizens of a right afforded them by the foregoing paragraph.

Section 1: Civil Proceedings

Article L615-1

Any violation of the rights of the owner of a patent, as set forth in Articles L613-3 to L613-6, shall constitute an infringement.

An infringement shall imply the civil liability of the infringer.

However, the offering for sale, putting on the market, use, holding with a view to use or putting on the market of an infringing product, where such acts are committed by a person other than the manufacturer of the infringing product, shall only imply the liability of the person committing them if such acts have been committed in full knowledge of the facts.

Article L615-2

Infringement proceedings shall be instituted by the owner of the patent.

However, the beneficiary of an exclusive right of working may, except as otherwise stipulated in the licensing contract, institute infringement proceedings if, after notice, the owner of the patent does not institute such proceedings.

The patentee shall be entitled to take part in the infringement proceedings instituted by the licensee under the foregoing paragraph.

The holder of a license of right, a compulsory license or an ex officio license as referred to in Articles L613-10, L613-11, L613-15, L613-17 and L613-19, may institute infringement proceedings if, after a formal notice, the owner of the patent does not institute such proceedings.

Any licensee shall be entitled to take part in the infringement proceedings instituted by the patentee in order to obtain compensation for an injury he has personally sustained.

Article L615-3

Where proceedings are brought before the Court for infringement of a patent, the President of the Court, acting and ruling in summary proceedings, may provisionally enjoin, under penalty of a daily fine, the carrying out of the allegedly infringing acts or make the continued carrying out of such acts subject to the furnishing of a guarantee to cover indemnification of the patentee.

The request for an injunction or for furnishing of a guarantee shall only be granted if the substantive proceedings appear well founded and are instituted within a short time of the day on which the patentee became aware of the facts on which the proceedings are based.

The judge may condition the injunction on the furnishing by the plaintiff of a guarantee to cover possible indemnification of damages suffered by the defendant if the infringement proceedings are subsequently judged to be unfounded.

Article L615-4

Notwithstanding Article L613-1, acts committed prior to the date on which the patent application has been made public under Article L612-21 or prior to the date of notification to any third party of a true copy of such application shall not be considered to prejudice the rights deriving from the patent.

However, from the date referred to in the foregoing paragraph to that of publication of the grant of the patent:

1°.the patent shall only be invocable if the claims have not been extended after the first of those dates;

2°.where the patent concerns the use of a microorganism, it shall not be invocable until the day on which the microorganism has been made available to the public.

The Court hearing infringement proceedings based on a patent application shall reserve judgment until the patent has been granted.

Article L615-5

The owner of a patent application or the owner of a utility certificate application or the owner of a patent or of a utility certificate shall have the possibility of furnishing proof by any means whatsoever of the infringement of which he claims to be a victim.

He shall further be entitled, on an order given by the President of the First Instance Court of the place of the presumed infringement, to direct any bailiffs, accompanied by experts of his own choice, to proceed with a detailed description, with or without effective seizure, of the allegedly infringing articles or processes. Such order shall be provisionally enforced. It may be subjected to a security on the part of the plaintiff. In that same order, the President of the Court may authorize the bailiff to carry out any enquiry required to ascertain the origin, nature and scope of the infringement.

The same right shall be enjoyed by the licensee of an exclusive right of working under the conditions laid down in the second paragraph of Article L. 615-2 and in the fourth paragraph of Article L615-2, by the holder of a license of right, a compulsory license or an ex officio license in accordance with Articles L613-10, L613-11, L613-15, L613-17 and L613-19.

If the petitioner fails to institute proceedings before a Court within a term of 15 days, the seizure shall automatically be void, without prejudice to any damages.

Article L615-5-1

(inserted by Act No. 96-1106 of 18 December 1996 Art. 10 Official Journal of 19 December 1996)

Where the subject matter of the patent is a process for the manufacture of a product, the Court may order the defendant to prove that the process used to manufacture an identical product is different from the patented process. Where the defendant fails to provide such proof, any identical product manufactured without the consent of the owner of the patent shall be presumed to have been manufactured by the patented process in the following two cases:

a)The product manufactured using the patented process is new;

b)There is a strong probability that the identical product has been manufactured using the patented process, but the owner of the patent has been unable, in spite of reasonable effort, to establish what process has in fact been used.

In the production of proof to the contrary, due regard shall be had to the legitimate interests of the defendant regarding the protection of his manufacturing and trade secrets.

Article L615-6

In the case of infringement proceedings instituted on the basis of an application for a utility certificate, the plaintiff shall be required to produce a search report drawn up under the same conditions as the report provided for in Article L612-14.

Article L615-7

At the request of the injured party, and where such measure is necessary to prevent continuing infringement, the Court may order confiscation, in favor of the petitioner, of the articles recognized as constituting an infringement, which are the property of the infringer, on the date of entry into force of the prohibition and, where appropriate, of the devices or means specifically intended for committing the infringement.

The value of the articles confiscated shall be taken into account when computing the compensation to be awarded to the beneficiary of the decision.

Article L615-8

Proceedings for infringement under this Chapter shall be barred after three years counted from the acts concerned.

Article L615-9

Any person who proves working on the territory of a Member State of the European Economic Community, or real and effective preparations to that effect, may invite the owner of a patent to take position on the invocability of his title against such working, the description of which shall be communicated to him.

If such person disputes the reply that is given to him or if the owner of the patent has not taken position within a period of three months, he may bring the owner of the patent before the Court for a decision on whether the patent constitutes an obstacle to the working in question, without prejudice to any proceedings for the nullity of the patent or subsequent infringement proceedings if the working is not carried out in accordance with the conditions specified in the description referred to in the above paragraph.

Article L615-10

Where an invention which is the subject of a patent application or of a patent is worked, in order to meet the requirements of national defense, by the State or its suppliers, subcontractors and subsidiary suppliers, without a license having been afforded to them, the civil proceedings shall be brought before the First Instance Court sitting in chambers. The Court may order neither the discontinuance nor the interruption of the working nor the confiscation provided for in Article L. 615-7.

Where the President of the Court orders an expert opinion or a description with or without effective seizure, as provided for in Article L615-5, the appointed law officer shall refrain from proceeding with seizure, description and any investigation into the archives and documents of the business if the contract for research or manufacture comprises a defense security classification.

The same shall apply to research or manufacture carried out in military establishments.

The President of the First Instance Court may, if so requested by the entitled person, require an expert opinion which may only be carried out by persons authorized by the Minister responsible for defense and in the presence of his representatives.

Article L615-4 shall not apply to patent applications whose subject matter is worked under the conditions set out in this Article as long as such applications are subject to the prohibitions provided for in Articles L. 612-9 and L612-10. Persons carrying out such working shall automatically incur the liability defined in this Article.

Section 2: Criminal Proceedings

Article L615-12

(Act No. 92-1336 of 16 december 1992 art. 322 Official Journal of 23 december 1992 in force on 1 March 1994)

Any person improperly claiming to be the owner of a patent or of a patent application shall be liable to a fine of FRF 50,000. In the event of a repeated offense, the fine may be doubled. An offense shall be deemed to be repeated within the meaning of this Article if the offender has been convicted for the same offense within the preceding five years.

Article L615-13

(Act No. 92-1336 of 16 december 1992 art. 322 Official Journal of 23 december 1992 in force on 1 March 1994)

Notwithstanding the heavier penalties provided for with regard to violation of State security, any person who knowingly violates any of the prohibitions laid down in Articles L612-9 and L612-10 shall be liable to a fine of FRF 30,000. Where the violation has prejudiced national defense, imprisonment of five years may also be ordered.

Article L615-14

(Act No. 94-102 of 5 February 1994 Art. 9 Official Journal of 8 February 1994)

1. Any person who has knowingly infringed the rights of the owner of a patent, as defined in Articles L613-3 to L613-6, shall be liable to a two-year prison term and a fine of FRF 1,000,000.

2. The provisions of paragraph 1 above shall enter into force on January 1, 1993.

Article L615-14-1

(inserted by Act No. 94-102 of 5 February 1994 Art. 10 Official Journal of 8 February 1994)

In the event of repetition of the offenses defined in Article L615-14, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

The guilty parties may in addition be deprived, for a period not exceeding five years, of the right to elect and be elected to commercial courts, chambers of commerce and industry and professional chambers and to joint conciliation boards.

Article L615-15

(Act No. 92-1336 of 16 december 1992 art. 322 Official Journal of 23 december 1992 in force on 1 March 1994)

Notwithstanding the heavier penalties provided for with regard to violation of State security, any person who knowingly violates an obligation or prohibition laid down in Articles L614-18, L614-20 and the first paragraph of Article L614-21 shall be liable to a fine of FRF 40,000. Where the violation has prejudiced national defense, imprisonment of five years may also be ordered.

Article L615-16

(Act No. 92-1336 of 16 december 1992 art. 322 Official Journal of 23 december 1992 in force on 1 March 1994)

Notwithstanding the heavier penalties provided for with regard to violation of State security, any person who knowingly violates an obligation or prohibition laid down in the second paragraph of Article L. 614-2, in Article L614-4 or in the first paragraph of Article L614-5 shall be liable to a fine of FRF 40,000. Where the violation has prejudiced national defense, imprisonment of between one and five years may also be ordered.

Section 3: Rules of Jurisdiction and Procedure

Article L615-17

All litigation arising under this Title shall fall within the jurisdiction of the First Instance Courts and of the relevant Courts of Appeal, with the exception of appeals from decrees, orders and other administrative decisions taken by the Minister responsible for industrial property, which shall fall within the jurisdiction of the Administrative Courts.

The First Instance Courts designated to hear proceedings in respect of patents shall be determined by regulation.

The above provisions shall not prevent recourse to arbitration in accordance with Articles 2059 and 2060 of the Civil Code.

The First Instance Courts referred to above, as also the relevant Courts of Appeal, shall have sole jurisdiction for ascertaining that a French patent ceases to have effect, in whole or in part, in accordance with Article L614-13.

Article L615-18

Proceedings to determine compensation instituted under Articles L612-10, L613-17, L613-19 and L613-20 shall be heard by the First Instance Court of Paris.

Article L615-19

Proceedings for infringement of patents shall be heard exclusively by the First Instance Court.

All proceedings involving the infringement of a patent and a related act of unfair competition shall be heard exclusively by the First Instance Court.

Article L615-20

The Court hearing an action or an exception under the provisions of this Title may, either ex officio or at the request of one of the parties, appoint a consultant at its own discretion to follow the proceedings as from joinder and to be present at the hearing. The consultant may be authorized to put questions to the parties or their representatives in court chambers.

Article L615-21

At the request of one of the parties, any dispute concerning the application of Article L611-7 may be submitted to a joint conciliation board (employers, employees) presided over by a magistrate of the judiciary whose vote shall be decisive in the event of parity.

Within six months of submission of the case, the board set up within the National Institute of Industrial Property shall formulate a conciliation proposal; such proposal shall be deemed to constitute an agreement between the parties if, within one month of its notification, neither of the parties has submitted the case to the appropriate First Instance Court sitting in chambers. Such agreement may be made enforceable by an order of the President of the First Instance Court on a simple petition by the most assiduous party.

The parties may appear in person before the board and may be assisted or represented by a person of their choice.

The board may make use of experts which it shall designate for each proceeding.

The implementing rules for this Article, containing special provisions for the employees referred to in the last paragraph of Article L611-7, shall be laid down by decree in Conseil d'Etat after consultation with the professional and trade union organizations concerned.

Article L615-22

Decrees in Conseil d'Etat shall lay down the implementing rules for this Title.

Chapter I Manufacturing Secrets

Article L621-1

(Act No. 92-1336 of 16 december 1992 art. 204 Official Journal of 23 december 1992 in force on 1 March 1994)

The penalties for violation of manufacturing secrets are set forth in Article L152-7 of the Labor Code reproduced hereafter:

“Article L152-7. The fact of revealing or attempting to reveal a manufacturing secret by any director or salaried person of the enterprise in which he is employed shall be punishable by imprisonment of two years and a fine of FRF 200,000.”

“The Court may also order as an additional penalty for a period of not more than five years the prohibition of civic, civil and family rights provided for by Article 131-26 of the Penal Code.”

Section 1: Deposit

Article L622-1

The final or intermediate topography of a semiconductor product that is the result of its creator's own intellectual effort may, unless it is commonplace, be the subject of a deposit that confers the protection provided for in this Chapter.

Such deposit may not, however, occur either more than two years after the topography has first been exploited commercially anywhere, or more than 15 years after it was first fixed or encoded where it has never been exploited.

Any deposit that does not meet the conditions specified in this Article shall be null and void.

Article L622-2

(Act No. 93-1420 of 31 December 1993 Art. 1, Art. 2 Official Journal of 1 January 1994)

(Act No. 96-1106 of 18 December 1996 Art. 11 Official Journal of 19 December 1996)

The following shall be eligible for the benefits of this Chapter:

a)Creators who are nationals of a State party to the Agreement Establishing the World Trade Organization or who have either their habitual residence or a real and effective industrial or commercial establishment in such country, and their successors in title;

b)Persons meeting the aforesaid conditions of nationality, residence or establishment, who in a Member State engage in the first commercial exploitation anywhere in the world of a topography not protected by this Chapter, for which exploitation they have received exclusive authorization from the entitled person for the whole of the European Community or the European Economic Area.

Persons other than those referred to in the foregoing paragraph shall be eligible for the benefits of this Chapter subject to evidence of reciprocity with the countries of which they are nationals or in which they are established.

Article L622-3

The right to effect the deposit shall belong to the creator or to his successor in title.

Where a deposit has been effected in violation of the rights of the creator or of his successor in title, the injured party may claim ownership thereof. Actions claiming ownership shall be barred after three years following publication of the deposit.

Article L622-4

The Director of the National Institute of Industrial Property shall register the deposit after examining its compliance with the formal requirements. Publication shall be made in accordance with the conditions laid down by decree in Conseil d'Etat.

Section 2: Rights Deriving from Deposit

Article L622-5

The following shall be prohibited for any third party:

— reproduction of the protected topography;

— commercial exploitation or importation to that end of such a reproduction or of any semiconductor product incorporating it.

The prohibition shall not apply to the following:

— reproduction for evaluation, analysis or teaching purposes;

— creation, on the basis of such analysis or evaluation, of a different topography eligible for protection under this Chapter.

The foregoing prohibition shall not be binding on the bona fide acquirer of a semiconductor product. However, such acquirer shall be liable for appropriate indemnification if he intends to engage in commercial exploitation of the product so acquired.

Article L622-6

The prohibition set forth in the foregoing Article shall take effect on the day of deposit or at the date of first commercial exploitation if that date is earlier. It shall vest in the owner of the registration until the end of the tenth following calendar year.

However, any registration relating to a topography that has not been commercially exploited within a period of 15 years from the date on which it was fixed or encoded for the first time shall cease to have effect.

Article L622-7

Articles L411-4, L411-5, L612-11, L613-8, L613-9, L. 613-19, L615-10 and L615-17 shall apply to the conditions and form in which:

— the decisions referred to in this Chapter are taken by the Director of the National Institute of Industrial Property;

— the rights deriving from registration of a topography may be transferred, given as security or attached;

— in which litigation arising out of this Chapter may be settled.

Section 1: Issue of new plant variety certificates



 

Article L623-1



 

For the purposes of this chapter, "new plant variety" shall mean any new plant variety, whether created or discovered which:

1°. Is different from similar already known varieties by one characteristic that is important, precise and subject to little fluctuation or by several characteristics the combination of which is such as to give it the status of a new variety;

2°. Is homogenous in its characteristics; and

3°. Remains stable, that is to say identical with its original definition at the end of each cycle of multiplication.



 

Article L623-2



 

Any new plant variety belonging to a genera or species enjoying the system of protection instituted by the provisions of this Chapter shall not be patentable.



 

Article L623-3



 

Any new plant variety fulfilling the conditions stated in Article L623-1 above shall be defined by a denomination to which shall correspond a description and a sample kept in a collection.



 

Article L623-4



 

Any new plant variety may be the subject of a title called "new plant variety certificate", which shall confer on its owner an exclusive right to produce, introduce into the territory to which this Chapter applies, sell or offer for sale all or part of the plant or any element for the reproduction or vegetative propagation of the variety or of varieties derived from it by hybridization where their reproduction requires the repeated use of the original variety.

Under the conditions provided for by Decrees in Conseil d'Etat, the provisions of the preceding paragraph shall be applied progressively to the various plant species according to the evolution of scientific knowledge and of the means of verification. These same Decrees shall determine the elements of the plant to which the breeder's right relates for each such species.



 

Article L623-5



 

A plant variety shall not be deemed new if, in France or elsewhere, and prior to the date of filing of the application, it has received sufficient publicity to enable exploitation, or has been described in an application for a certificate or in an unpublished French certificate or in an application filed abroad and enjoying the priority provided for in Article L623-6.

The use of the variety by its breeder in tests or experiments or its entry in a catalogue or an official register of a State party to the Paris Convention of 2 December, 1961, for the Protection of New Varieties of Plants, or its display in an official or officially recognized exhibition within the meaning of the Convention relating to International exhibitions signed at Paris on 22 November, 1928, and amended on 10 May, 1948, shall in no case, however, constitute an act of disclosure causing prejudice to the novelty of the variety.

Nor shall disclosure constituting an evident abuse in relation to the breeder cause prejudice to the novelty of the variety.



 

Article L623-6



 

Any person possessing the nationality of one of the States party to the Paris Convention of 2 December, 1961, or having his domicile or establishment in one of those States may apply for a new plant variety certificate in respect of varieties belonging to the genera or species mentioned in the list annexed to the said Convention or in a supplementary list drawn up under the provisions of the said Convention.

Such person may, when filing an application for a new plant variety certificate in France, claim the priority of the first application previously filed in respect of the same variety by himself or by his predecessor in title in one of the States referred to above, provided that the application made in France is not made more than twelve months after the first application.

Such matters as the filing of another application, the publication of the subject matter of the application or the exploitation of the variety concerned, occurring within the period of priority, shall not constitute grounds for contesting the validity of a new plant variety certificate for which an application has been filed in accordance with the conditions provided for in the preceding paragraph.

In addition to the cases provided for in the first paragraph above, any foreigner may enjoy the protection instituted by this Chapter, provided that French nationals are accorded, in respect of the genera or species concerned, reciprocal protection in the State of which that foreigner is a national or in which he has his domicile or establishment.



 

Article L623-7



 

The certificate issued by the Committee for the Protection of New Plant Varieties mentioned in Article L412-1 shall have effect as from the date of the application. Where a decision to reject an application is taken, the reasons for so doing shall be stated.



 

Article L623-8



 

The Minister Responsible for Defence shall be empowered to take cognizance, on a strictly confidential basis, of the applications for certificates with the Committee for the Protection of New Plant Varieties.



 

Article L623-9



 

The list of the plant species whose new varieties being the subject matter of applications for a certificate may not be disclosed or exploited freely without special authorization shall be fixed by decree.

Subject to Article L623-10, such authorization may be granted at any time. It shall be deemed to be vested ipso jure at the expiry of a period of five months from the filing date of the application for a certificate.



 

Article L623-10



 

Prior to the expiry of the period provided for in the last paragraph of Article L623-9, the prohibitions laid down in the first paragraph of that Article may be extended, at the demand of the Minister Responsible for Defence, for a period of one renewable year. The extended prohibitions may be lifted at any time, under the same condition.

The extension of the prohibitions under this Article shall give rise to a right to compensation commensurate with the prejudice sustained, in favour of the owner of the application for a certificate. In the absence of an amicable settlement, such compensation shall be fixed by the courts.



 

Article L623-11



 

The certificate owner may request revision of the compensation provided for in Article L623-10, at the expiry of a period of one year from the date of the final judgement fixing the amount of the compensations.

The certificate owner shall submit evidence showing that the prejudice sustained by him is in excess of the assessment of the court.



 

Article L623-12



 

The certificate shall be issued only if a preliminary examination has shown that the variety being the subject matter of the application for protection is a new plant variety within the meaning of Article L623-1.

However, the Committee may deem the preliminary examination that has already been carried out in another country party to the Paris Convention of 2 December, 1961, to be sufficient. 

This Committee may call upon foreign experts.



 

Article L623-13



 

The duration of the certificate shall be twenty years from the date of issue. It shall be fixed at twenty-five years if the constitution of the elements for the production of the species requires a long period of time.



 

Article L623-14



 

Any act concerning a new plant variety certificate and relating to the issue of the certificate, to the transfer of ownership, to the grant of a right of exploitation or to a pledge, shall have effect vis-à-vis third parties only if it has been duly published in accordance with the conditions laid down by a Decree in Conseil d'Etat.



 

Article L623-15



 

The certificate shall designate the new plant variety by a denomination enabling it to be identified, without confusion or ambiguity, in all the States party to the Paris Convention of 2 December, 1961.

The breeder shall be under the obligation to keep at all times a vegetative collection of the protected new plant variety.

A description of the new variety shall be appended to the new plant variety certificate.

The certificate shall have effect vis-à-vis third parties as from the date of its publication.

Use of the denomination entered in the certificate shall be mandatory, as from the date of publication of the certificate, for any commercial transaction commercial, even after expiry of the duration of the certificate.

The denomination given to the variety may not be the subject of a trademark filing in a State party to the Paris Convention of 2 December, 1961. Such a filing may be made, however, as a precautionary measure, without preventing the issue of the new plant variety certificate, provided that evidence of the renunciation of the effects of the application in the States party to the Convention is produced prior to the issue of the said certificate.

The provisions of the preceding paragraph shall not prevent the addition, in respect of one and the same new plant variety, of a trademark to the denomination of the variety concerned.



 

Article L623-16



 

Fees for services rendered shall be payable in respect of preliminary examination, issue of the certificate and all entries in or deletions from registers.

A fee shall be payable annually throughout the period of validity of the certificate.

The tariff of such fees shall be fixed by decree.

The income from such fees shall be credited to a special section of the budget of the French National Institute of Agronomic Research.

Section 2: Rights and obligations attaching to new plant variety certificates



 

Article L623-17



 

A variety essential to human or animal life may be subjected to the system of ex officio licenses by decree of the Conseil d'Etat or, where public health is affected, by joint order of the Minister of Agriculture and the Minister Responsible for Public Health.



 

Article L623-18



 

As from the date of publication of the order subjecting new plant variety certificates to the system of ex officio licenses, any person offering appropriate technical and professional guarantees may apply to the Minister of Agriculture for the grant of a license to exploit the variety.

Such license shall be non-exclusive. It shall be granted by order of the Minister of Agriculture under specified terms, particularly in respect of its duration and scope, but to the exclusion of the royalties arising from it.

The license shall take effect on the date of notification of the order to the parties.

In the absence of an amicable settlement, the amount of royalties shall be fixed by the court determined in accordance with Article L623-31.



 

Article L623-19



 

Where the holder of an ex officio license fails to comply with the prescribed conditions, the Minister of Agriculture may, upon the advice of the Committee for the Protection of New Plant Varieties, declare the license forfeited.



 

Article L623-20



 

The State may, at any time, obtain ex officio for the purposes of national defence, a license to exploit a plant variety being the subject matter of an application for a certificate or of a new plant variety certificate, whether such exploitation is to be made by the State itself or on its behalf.

The ex officio license shall be granted, at the request of the Minister responsible for Defence, by order of the Minister of Agriculture. The said order shall fix the terms of the license, to the exclusion of those relating to royalties arising from its use. The license shall take effect on the date of the request for the ex officio license.

In the absence of an amicable settlement, the amount of royalties shall be fixed by the court determined in accordance with Article L623-31.



 

Article L623-21



 

The rights deriving from an ex officio license may not be assigned or transferred.



 

Article L623-22



 

For the purposes of national defence, the State may, at any time, expropriate by decree all or part of a new plant variety being the subject matter of an application for a certificate or of a certificate.

In the absence of an amicable settlement, the amount of compensation for expropriation shall be fixed by the Tribunal de grande instance.



 

Article L623-23



 

The rights of the owner of a new plant variety certificate shall be forfeited where:

1°. He is unable to furnish the administration at any time with the elements of reproduction or vegetative propagation such as seeds, cuttings, grafts, rhizomes and tubers, enabling the protected variety to be reproduced with its morphological and physiological characteristics as defined in the new plant variety certificate;

2°. He refuses to submit to inspections carried out for the purpose of checking the measures he has taken for the maintenance of the variety;

3°. He fails to pay, within the prescribed period, the annual fee provided for in the second paragraph of Article L623-16.

Such forfeiture shall be declared by the Committee for the Protection of New Plant Varieties. Where it is declared in accordance with subarticle (3) above, the owner of the certificate may, within the six months following the expiry of the prescribed period, lodge an appeal for reinstatement of his rights if he can give legitimate reasons for his failure to pay the fee. Such appeal shall not, however, prejudice any rights acquired by third parties. The final decision declaring forfeiture of rights shall be published.



 

Article L623-24



 

The provisions of Articles L613-8 and L613-29 to L613-32 shall apply to applications for new plant variety certificates and to new plant variety certificates.

The same shall apply to Articles L613-9, L613-21 and L613-24, the Committee for the Protection of New Plant Varieties being substituted for the National Institute of Industrial Property.

Section 3: Legal proceedings



 

Article L623-25



 

Any violation of the rights of the owner of a new plant variety certificate as defined in Article L623-4 above shall constitute an infringement for which the offender shall be liable.

Subject to the provisions of Article L623-4, the use of the protected variety as a source of initial variation with a view to obtaining a new variety shall not constitute violation of the rights of the owner of the new plant variety certificate.

The holder of an ex officio license under Articles L623-17 and L623-20 and, unless otherwise stipulated, the beneficiary of an exclusive right of exploitation, may institute proceedings under the first paragraph above where the certificate holder fails, after a summons, to do so.

The certificate owner shall be entitled to take part in proceedings brought by the licensee in accordance with the preceding paragraph.

Any holder of a license shall be entitled to take part in proceedings brought by the certificate owner to obtain compensation for the prejudice that he personally has sustained.



 

Article L623-26



 

Acts committed prior to the publication of the issue of the certificate shall not be considered as having violated the rights under the certificate. Acts committed after a true copy of the application for a certificate has been served on the party presumed liable may, however, be the subject of a report and prosecution.



 

Article L623-27



 

The owner of an application for a new plant variety certificate or of a certificate shall be entitled, with the court's authorization, to cause a detailed description to be made, with or without effective seizure, of any plants or parts of plants or of any elements of reproduction or vegetative propagation alleged to have been obtained in violation of his rights. This right shall also be available to the assignee of an exclusive right of exploitation or the holder of an ex officio license, subject to the condition set forth in the third paragraph of Article L623-25.

Where the claimant fails to petition the court within the prescribed period, the description or the seizure shall be null and void, ipso jure, without prejudice to any damages which may be claimed.



 

Article L623-28



 

The civil court may order, at the request of the injured party and on its behalf, the confiscation of any plants or parts of plants or of any elements of reproduction or vegetative propagation obtained in violation of the rights of the owner of a new plant variety certificate and, where appropriate, of the instruments specifically intended for use in the reproductive cycle.



 

Article L623-29



 

The civil and criminal actions provided for in this Chapter shall be statute-barred at the end of a period of three years counted from the acts concerned.

The institution of civil actions shall suspend the statute of limitations for criminal actions.



 

Article L623-30



 

Where a variety being the subject matter of an application for a certificate or of a new plant variety certificate is exploited for the purposes of national defence by the State or by its contractors, subcontractors and subsidiary suppliers, without a license for exploitation having been granted, the court hearing the case shall have no authority to order either the discontinuance or the interruption of exploitation, or the confiscation provided for in Article L623-28.

If an official appraisal or a description, with or without effective seizure, is ordered by the presiding judge of the court hearing the case, the appointed law official shall refrain from proceeding with the seizure, the description and any investigation into the business if the contract for research or reproduction or propagation has a defence security classification.

The same shall apply where research or reproduction or propagation is carried out in a military establishment.

The presiding judge of the court hearing the case may, if so requested by the entitled person, order an official appraisal, which shall be carried out only by persons approved by the Minister Responsible for Defence and in the presence of his representatives.

The provisions of Article L623-26 shall not apply to applications for a new plant variety certificate the subject matter of which is being exploited under the conditions set forth in the present Article so long as such applications are subject to the prohibitions provided for in Articles L623-9 and L623-10.

The person engaged in such exploitation shall incur, ipso jure, the liability referred to in this Article.



 

Article L623-31



 

Any litigation arising from this Chapter shall fall within the jurisdiction of the Tribunal de grande instance and of the corresponding courts of appeal, with the exception of appeals lodged against decrees and ministerial orders and decisions which shall fall within the jurisdiction of the administrative courts.

The Court of Appeal of Paris shall hear directly appeals lodged against decisions of the Committee for the Protection of New Plant Varieties made in application of this Chapter.

A decree shall designate the Tribunal de grande instance competent to hear civil actions. The number of such courts shall not be less than ten. The same decree shall also define the area of jurisdiction within which the said courts shall perform the functions thus assigned to them.



 

Article L623-32

(Act No. 92-1336 of 16 December 1992, Art. 322, Official Journal of 23 December 1992 in force on 1 March, 1994)

Any intentional violation of the rights of the owner of a new plant variety certificate, as defined in Article L623-4, shall constitute an offence punishable by a fine of FRF 25,000. In the event of recidivism, a sentence of imprisonment of between two to six months may also be passed. Recidivism shall have occurred, within the meaning of this Article, when the Accused has been convicted of the same offence during the five preceding years.



 

Article L623-33



 

Public proceedings for the imposition of the sentences provided for in the previous Article shall be instituted by the public prosecutor only upon formal complaint by the injured party.

The Tribunal correctionnel hearing the case shall make no decision until the civil court, by a decision amounting to res judicata, shall have found the offence committed. Pleas of nullity of the new plant variety certificate or of matters relating to ownership of the certificate may only be entered by the respondent before the civil court.



 

Article L623-34

(Act No. 92-1336 of 16 December, 1992, Art. 326, Official Journal of 23 December, 1992 in force on 1 March, 1994)

Any person improperly claiming ownership of a certificate or of an application for a new plant variety certificate shall be liable to a fine as prescribed under subarticle (5) of Article 131-13 of the French Penal Code concerning Class 5 violations. In the event of recidivism, the fine shall be that prescribed under subarticle (5) of Article 131-13 of the French Penal Code concerning Class 5 violations committed in recidivism. Recidivism shall have occurred, within the meaning of this Article, when the Accused has been convicted of the same offence during the five preceding years.



 

Article L623-35

(Act No. 92-1336 of 16 December, 1992, Art. 322, Official Journal of 23 December, 1992 in force on 1 March, 1994)

Without prejudice, should circumstances dictate, to the heavier penalties provided for violations of State security, any person who has knowingly committed a breach of the prohibitions laid down in Articles L623-9 and L623-10 shall be liable to a fine of FRF 30,000. Where such violation has effectively prejudiced national defence, a sentence of imprisonment of from one to five years may also be passed.

Chapter I Constituent Elements of Marks

Article L711-1

A trademark or service mark is a sign capable of graphic representation which serves to distinguish the goods or services of a natural or legal person.

The following, in particular, may constitute such a sign:

a) Denominations in all forms, such as: words, combinations of words, surnames and geographical names, pseudonyms, letters, numerals, abbreviations;

b) Audible signs such as: sounds, musical phrases;

c) Figurative signs such as: devices, labels, seals, selvedges, reliefs, holograms, logos, synthesized images; shapes, particularly those of a product or its packaging, or those that identify a service; arrangements, combinations or shades of color.

Article L711-2

The distinctive nature of a sign that is capable of constituting a mark shall be assessed in relation to the designated goods or services.

The following shall not be of a distinctive nature:

a) Signs or names which in everyday or technical language simply constitute the necessary, generic or usual designation of the goods or services;

b) Signs or names which may serve to designate a feature of the product or service, particularly the type, quality, quantity, purpose, value, geographical origin, time of production of the goods or furnishing of the service;

c) Signs exclusively constituted by the shape imposed by the nature or function of the product or which give the product its substantial value.

Distinctive nature may be acquired by use, except in the case referred to in item (c).

Article L711-3

(Act No. 96-1106 of 18 December 1996 Art. 12 Official Journal of 19 December 1996)

The following may not be adopted as a mark or an element of a mark:

a) Signs excluded by Article 6ter of the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised or by paragraph 2 of Article 23 of Annex 1C to the Agreement Establishing the World Trade Organization;

b) Signs contrary to public policy or morality or whose use is prohibited by law;

c) Signs liable to mislead the public, particularly as regards the nature, quality or geographical origin of the goods or services.

Article L711-4

Signs may not be adopted as marks where they infringe earlier rights, particularly:

a) An earlier mark that has been registered or that is well known within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property;

b) The name or style of a company, where there is a risk of confusion in the public mind;

c) A trade name or signboard known throughout the national territory, where there exists a risk of confusion in the public mind;

d) A protected appellation of origin;

e) Authors' rights;

f) Rights deriving from a protected industrial design;

g) The personality rights of another person, particularly his surname, pseudonym or likeness;

h) The name, image or repute of a local authority.

Chapter II: Acquisition of Rights in Marks

Article L712-1

Ownership of a mark shall be acquired by registration. A mark may be acquired under joint ownership.

The effects of registration shall begin on the filing date of the application for a term of 10 years that may be renewed any number of times.

Article L712-2

(Order No. 2001-670 of 25 July 2001 art. 4 II Official Journal of 28 July 2001)

Applications for registration shall be set out and published in the form and in accordance with the conditions laid down by this Title and determined by decree in Conseil d'Etat. They shall comprise, in particular, a sample of the mark and a list of the goods and services to which it applies.

Article L712-3

During a period of two months following publication of the application for registration, any concerned person may submit observations to the Director of the National Institute of Industrial Property.

Article L712-4

During the period of time referred to in Article L712-3, opposition to an application for registration may be entered with the Director of the National Institute of Industrial Property by the owner of a mark that has been registered or applied for at an earlier date or which enjoys an earlier priority date or by the owner of an earlier well-known mark.

The beneficiary of an exclusive right of exploitation shall also enjoy that same right, unless otherwise stipulated in the contract.

Opposition shall be deemed to have been rejected if no decision is taken within a period of six months following expiry of the time limit laid down in Article L712-3.

However, that time limit may be suspended:

a) Where opposition is based on an application for registration of a mark;

b) Where proceedings for invalidity, revocation or claim to ownership have been instituted;

c) At the joint request of the parties, whereby suspension may not exceed six months.

Article L712-5

Decisions on opposition shall be taken following a procedure in which all parties shall be heard, laid down by decree in Conseil d'Etat.

Article L712-6

Where registration has been applied for, either fraudulently with respect to the rights of another person or in violation of a statutory or contractual obligation, any person who believes he has a right in the mark may claim ownership by legal proceedings.

Except where the applicant has acted in bad faith, action claiming ownership shall be barred three years after publication of the application for registration.

Article L712-7

An application for registration shall be rejected:

a) If it does not meet the requirements of Article L712-2;

b) If the sign may not constitute a mark in accordance with Articles L711-1 and L711-2 or be adopted as a mark in accordance with Article L711-3;

c) If opposition to the application and Article L712-4 is upheld.

Where the grounds for rejection concern only a part of the application, it shall be rejected in part only.

Article L712-8

An applicant may request that a mark be registered despite opposition thereto if he proves that the registration is indispensable to protect the mark abroad.

If opposition is subsequently upheld, the registration decision shall be revoked in whole or in part.

Article L712-9

The registration of a mark may be renewed where there is neither modification of the sign nor extension of the list of goods or services. Renewal shall be effected and published under the conditions and within the time limits laid down by decree in Conseil d'Etat.

It shall be subject neither to verification of compliance with Articles L711-1 to L711-3 nor to the opposition procedure laid down in Article L712-4.

The new 10-year term shall run from the expiry of the preceding term.

Any modification of the sign or extension to the list of designated goods or services shall require a new application.

Article L712-10

An applicant who has not complied with the time limits referred to in Articles L712-2 and L712-9, but is able to prove that failure to comply was due neither to his own will nor to fault or negligence on his part, may, subject to the conditions laid down by decree in Conseil d'Etat, be reinstated in the rights he has lost.

Article L712-11

(Act No. 96-1106 of 18 December 1996 Art. 13 Official Journal of 19 December 1996)

Subject to the provisions of the international treaties to which France is party, a foreigner who has neither place of business nor residence on the national territory shall enjoy the provisions of this Book, subject to the two conditions that he proves the regular filing of a trademark application or grant of a trademark registration in the country of his residence or place of business and that the country in question affords reciprocal protection to French marks.

Article L712-12

(Act No. 96-1106 of 18 December 1996 Art. 14 Official Journal of 19 December 1996)

The priority right under Article 4 of the Paris Convention for the Protection of Industrial Property shall be extended to any mark for which a prior application has been filed in a foreign country.

Subject to the provisions of the international treaties to which France is party, the priority right shall be subject to recognition by such country of the same right for applications for French marks.

Article L712-13

The trade unions may register their marks and certification marks in accordance with Articles L413-1 and L413-2 of the Labor Code, reproduced hereafter:

“Article L413-1. The trade unions may register their marks or certification marks by completing the formalities laid down by Chapter II of Book VII of the Intellectual Property Code. After registration, they may claim the exclusive ownership of those marks as laid down in that Code.”

“The marks or certification marks may be affixed to any product or article of trade to certify its origin and conditions of manufacture. They may be used by all individuals or enterprises selling such products.”

“Article L413-2. The use of trade union marks or certification marks under the foregoing Article may not have the effect of prejudicing the provisions of Article L412-2.”

“Any agreement or provision aiming to oblige an employer to employ exclusively or maintain in his service exclusively the members of the trade union that is the owner of the mark or certification mark shall be null and void.”

Article L712-14

The decisions referred to in this Chapter shall be taken by the Director of the National Institute of Industrial Property in accordance with Articles L411-4 and L411-5.

Chapter III: Rights Conferred by Registration

Article L713-1

Registration of a mark shall confer on its owner a right of property in that mark for the goods and services he has designated.

Article L713-2

The following shall be prohibited, unless authorized by the owner:

a) The reproduction, use or affixing of a mark, even with the addition of words such as: “formula, manner, system, imitation, type, method,” or the use of a reproduced mark for goods or services that are identical to those designated in the registration;

b) The suppression or modification of a duly affixed mark.

Article L713-3

The following shall be prohibited, unless authorized by the owner, if there is a likelihood of confusion in the mind of the public:

a) The reproduction, use or affixing of a mark or use of a reproduced mark for goods or services that are similar to those designated in the registration;

b) The imitation of a mark and the use of an imitated mark for goods or services that are identical or similar to those designated in the registration.

Article L713-4

(Act No. 93-1420 of 31 December 1993 Art. 2 Official Journal of 1 January 1994)

The right conferred by a mark shall not entitle an owner to prohibit its use in relation to goods which have been put on the market in the European Economic Community or the European Economic Area under that mark by the proprietor or with his consent.

However, the owner shall continue to have the faculty of opposing any further act of marketing if he can show legitimate reasons, especially where the condition of the goods has been subsequently changed or impaired.

Article L713-5

Any person who uses a mark enjoying repute for goods or services that are not similar to those designated in the registration shall be liable under civil law if such use is likely to cause a prejudice to the owner of the mark or if such use constitutes unjustified exploitation of the mark.

The foregoing paragraph shall apply to the use of a mark that is well known within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property referred to above.

Article L713-6

Registration of a mark shall not prevent use of the same sign or a similar sign as:

a) A company name, trade name or signboard, where such use is either earlier than the registration or made by another person using his own surname in good faith;

b) The necessary reference to state the intended purpose of the product or service, in particular as an accessory or spare part, provided no confusion exists as to their origin.

However, where such use infringes his rights, the owner of the registration may require that it be limited or prohibited.

Chapter IV Transfer and Loss of Rights in Marks

Article L714-1

(Order No. 2001-670 of 25 July 2001 art. 2 Official Journal of 28 July 2001)

The rights under a mark may be transferred in whole or in part, independently of the company that exploits them or has them exploited. Assignment, even where in part, may not comprise territorial limitation.

The rights under a mark may be wholly or partially licensed on an exclusive or non-exclusive basis or pledged.

A non-exclusive license grant may result from an unwritten agreement concerning its use. The rights conferred by an application for registration of a mark or by a mark may be invoked against a licensee who fails to respect a limitation of his license with regard to its duration, the form in which the mark may be used pursuant to the registration, the nature of the products or services for which the license was granted, the territory in which the mark may be displayed or the quality of the products manufactured or the services provided by the licensee.

Transfer of ownership or pledging shall be recorded in writing, under pain of invalidity.

Article L714-2

The applicant for registration or the owner of a registered mark may renounce the effects of such application or such registration for all or part of the goods or services to which the mark applies.

Article L714-3

The registration of a mark that does not comply with Articles L711-1 to L711-4 shall be declared null and void by court decision.

The public prosecutor may institute invalidity proceedings ex officio under Articles L711-1, L711-2 and L711-3.

Invalidity proceedings under Article L711-4 may be instituted only by the owner of the prior right. However, such proceedings shall not be admissible if the mark has been registered in good faith and if he has acquiesced to its use during a period of five years.

An invalidity decision shall be absolute.

Article L714-4

Invalidity proceedings against the owner of a well-known mark within the meaning of Article 6bis of the Paris Convention for the Protection of Industrial Property shall be barred after five years as from the date of registration, unless registration had been applied for in bad faith.

Article L714-5

(Act No. 94-102 of 5 February 1994 Art. 32 Official Journal of 8 February 1994)

An owner who has not put his mark to genuine use in connection with the goods or services referred to in the registration during an uninterrupted period of five years, without good reason, shall be liable to revocation of his rights.

The following shall be assimilated to such use:

a) Use made with the consent of the owner of the mark or, in the case of collective marks, in compliance with the regulations;

b) Use of the mark in a modified form which does not alter its distinctive nature;

c) Affixing of the mark on goods or their packaging exclusively for export.

Revocation may be requested in legal proceedings by any concerned person. If the request concerns only a part of the goods or services referred to in the registration, revocation shall extend to the goods and services concerned only.

Genuine use of the mark begun or resumed after the five-year period referred to in the first paragraph of this Article shall not constitute an obstacle thereto if it has been undertaken during the three months prior to the request for revocation and after the owner has gained knowledge of the possibility of such a request.

The burden of proving exploitation shall rest with the owner of the mark for which revocation is requested. Proof may be furnished by all means.

Revocation shall take effect as of the date of expiry of the five-year period laid down in the first paragraph of this Article. It shall have absolute effect.

Article L714-6

The owner of a mark shall be liable to revocation of his rights if, in consequence of his own acts, the mark has become:

a) The common name in trade for a product or service;

b) Liable to mislead, particularly as regards the nature, quality or geographical origin of the product or service.

Article L714-7

Any transfer or modification of rights under a registered mark shall only have effect against others if entered in the National Register of Marks.

Chapter V: Collective Marks

Article L715-1

A mark shall be known as a collective mark if it may be used by any person who complies with regulations for use issued by the owner of the registration.

A collective certification mark shall be affixed to goods or services that display, in particular, with regard to their nature, properties or qualities, the characteristics detailed in the respective regulations.

Article L715-2

The provisions of this Book shall apply to collective marks subject to, as regards collective certification marks, the special provisions below and those of Article L715-3:

1.A collective certification mark may be registered only by a legal person who is neither the manufacturer nor the importer nor the seller of the goods or services;

2.The registration of a collective certification mark must comprise regulations setting out the conditions to which use of the mark is subject;

3.Use of a collective certification mark shall be open to all persons, other than the owner, who supply goods or services satisfying the conditions laid down by the regulations;

4.A collective certification mark may not be subject to assignment, pledge or any measure of enforcement; however, in the event of dissolution of the legal person who is the owner, it may be transferred to another legal person subject to the conditions laid down by decree in Conseil d'Etat;

5.An application for registration shall be rejected if it does not satisfy the requirements laid down by the law applicable to certification;

6.Where a certification mark has been used and has ceased to be protected by law, it may be neither registered nor used for any purpose whatsoever during a period of 10 years, subject to Article L712-10.

Article L715-3

Invalidity of the registration of a collective certification mark may be ordered on a petition by the public prosecutor or at the request of any concerned person if the mark does not meet any one of the requirements of this Chapter.

The invalidity decision shall have absolute effect.

Chapter VI: Disputes

Article L716-1

Infringement of the rights of the owner of a mark shall constitute an offense incurring the civil law liability of the offender. Violation of the prohibitions laid down in Articles L713-2, L713-3 and L. 713-4 shall constitute an infringement of the rights in a mark.

Article L716-2

Acts preceding publication of the application for registration of a mark may not be held to infringe rights deriving from that mark.

However, acts subsequent to notification to the alleged infringer of a copy of the application for registration may be ascertained and prosecuted. The Court before which proceedings are instituted shall stay its decision until the registration has been published.

Article L716-3

Civil proceedings relating to marks shall be heard by the First Instance Courts as also any proceedings involving both a matter of marks and a related matter of industrial designs or unfair competition.

Article L716-4

Article L716-3 shall not prevent recourse to arbitration as provided for in articles 2059 and 2060 of the Civil Code.

Article L716-5

Civil infringement proceedings shall be instituted by the owner of the mark. However, the beneficiary of an exclusive right of exploitation may institute infringement proceedings, unless otherwise laid down in the contract, if after formal notice the owner does not exercise such right.

Any party to a licensing contract shall be entitled to participate in the infringement proceedings instituted by another party in order to obtain remedy for the prejudice he has himself sustained.

Infringement proceedings shall be barred after three years.

Any proceedings for infringement by a later registered mark of which use has been tolerated for five years shall not be admissible unless the registration was applied for in bad faith. However, non-admissibility shall be limited to those goods and services for which use has been tolerated.

Article L716-6

The President of the Court before which proceedings have been instituted, sitting in chambers, may provisionally prohibit a continuation of the allegedly infringing acts, subject to a daily fine, or may subject such continuation to the furnishing of securities for the purpose of ensuring compensation to the owner of the mark or to the beneficiary of an exclusive right of exploitation.

Action for prohibition or furnishing of securities shall be admissible only if the case appears well-founded and proceedings were instituted within a short time after the day on which the owner of the mark or the beneficiary of an exclusive right of exploitation obtained knowledge of the facts on which they are based. The judge may subject prohibition to the furnishing by the plaintiff of securities to provide compensation for any prejudice suffered by the defendant if the infringement proceedings are subsequently held to be unfounded.

Article L716-7

The owner of an application for registration, the owner of a registered mark or the beneficiary of an exclusive right of exploitation shall be entitled, by virtue of an order issued by the President of the First Instance Court, given on request, to direct any bailiff, assisted by experts of his choice, to proceed in any place with the detailed description, with or without taking samples, or the effective seizure of the goods or services he claims are marked, offered for sale, delivered or furnished to his prejudice in infringement of his rights.

Effective seizure may be subjected by the President of the Court to the furnishing of securities by the plaintiff to provide compensation for any prejudice suffered by the defendant if the infringement proceedings are subsequently held to be unfounded.

If the plaintiff fails to institute legal proceedings, either by civil action or criminal action, within a period of 15 days, seizure shall be automatically null and void, without prejudice to any damages that may be claimed.

Article L716-8

(Act No. 94-102 of 5 February 1994 Art. 11 Official Journal of 8 February 1994)

(Act n° 2003-706 of 1 August 2003, Art. 84, official Journal of 2 August 2003)

The customs administration may, at the written request of the owner of a registered mark or of the beneficiary of an exclusive right of exploitation, with-hold during customs inspection any goods claimed by the owner or beneficiary to be designated by a mark that infringes the mark for which he has obtained registration or with regard to which he enjoys an exclusive right of use.

The public prosecutor, the plaintiff and the party declaring or in possession of the goods shall be informed without delay by the customs service of the withholding measure taken by the latter.

Withholding shall be lifted automatically if the plaintiff fails, within 10 working days from the notification of the withholding of the goods, to furnish evidence to the customs authorities:

— either of the withholding measures decided by the President of the First Instance Court;

— or of having instituted legal proceedings by civil action or criminal action and having furnished the required securities to cover possible liability in the event of infringement not being subsequently recognised.

For the purpose of the institution of the legal proceedings referred to in the foregoing paragraph, the plaintiff may require the customs administration to communicate the names and addresses of the sender, the importer and the consignee of the goods withheld or of the holder thereof, and also the quantity thereof, notwithstanding the provisions of Article 59bis of the Customs Code concerning the professional secrecy to which all officials of the customs administration are bound.

The withholding mentioned in the first paragraph shall not concern the goods that have European status, which are legally produced or released for free circulation in the member state of the European Community and intended, having entered by a Customs territory as defined in the first article of Customs Code, to be released in the market of another member state of the European Community, to be legally commercialised.

Article L716-8-1

(inserted by Act No. 94-102 of 5 February 1994 Art. 12 Official Journal of 8 February 1994)

Officers of the judicial police may, as soon as offenses under Articles L716-9 and L716-10 have been reported, effect the seizure of goods unlawfully manufactured, imported, stocked, placed on sale, delivered or supplied, and of any material and equipment specially installed for the purposes of such unlawful acts.

Article L716-9

(Act No. 94-102 of 5 February 1994 Art. 13 Official Journal of 8 February 1994)

Any person shall be punished with a two-year prison term and a fine of FRF 1,000,000 who has:

a) Reproduced, imitated, used, affixed, removed or altered a mark, a collective mark or a collective certification mark in violation of the rights conferred by the registration thereof and the prohibitions deriving therefrom;

b) Imported, under any customs regime, or exported goods presented under an infringing mark.

Article L716-10

(Act No.98-1194 of 23 December 1998 art. 29 III Official Journal of 27 December 1998)

Shall be liable to the penalties provided for in the foregoing Article any person who:

            a) Without lawful reason, holds goods he knows to bear a counterfeit mark or has knowingly sold, offered for sale, furnished or offered to furnish goods or services under such mark;

            b) Has knowingly delivered a product or furnished a service other than that requested of him under a registered mark;

            The offence, pursuant to the criteria set forth in b, shall not be constituted in case of the exercise by a pharmacist of the faculty of substitution provided for in Article L. 512-3 of the Code de la santé publique.

Article L716-11

Any person who:

a) Has knowingly made any use whatsoever of a registered collective certification mark in a manner other than that laid down in the regulations accompanying the registration;

b) Has knowingly sold or offered for sale a product bearing a collective certification mark employed in an irregular manner;

c) Within a period of 10 years as from the date on which protection of a collective certification mark that has been used has terminated, has knowingly used a mark that constitutes a reproduction or imitation of such mark or sold or offered for sale, furnished or offered to furnish goods or services under such mark, shall be liable to the same penalties.

This Article shall apply to trade union marks under Chapter III of Title I of Book IV of the Labor Code.

Article L716-11-1

(Act No. 94-102 of 5 February 1994 Art. 14 Official Journal of 8 February 1994)

In addition to the sanctions provided for in Articles L716-9 and L716-10, the court may order the total or partial, permanent or temporary closure, for a period not exceeding five years, of the establishment that has served for the commission of the offense.

Temporary closure may not be a cause of either the termination or the suspension of employment contracts or of any monetary consequence prejudicial to the employees concerned. Where permanent closure causes the dismissal of staff, it shall give rise, over and above the indemnity in lieu of notice and the termination indemnity, to damages as provided in Articles L122-14-4 and L122-14-5 of the Labor Code for the breach of employment contracts. Failure to pay those indemnities shall be punishable with a six-month prison term and a fine of FRF 25,000.

Article L716-11-2

(inserted by Act No. 94-102 of 5 February 1994 Art. 14, Art 17 Official Journal of 8 February 1994 in force on 1 March 1994)

Legal entities may be declared criminally liable, in the manner specified in Article 121-2 of the Penal Code, for the offenses defined in Articles L716-9 to L716-11 of this Code.

The penalties to which legal entities are liable are:

1°. Fines in accordance with the procedure laid down in Article 131-38 of the Penal Code.

2°. The penalties mentioned in Article 131-39 of the same Code.

The prohibition mentioned in Article 131-39 under 2 shall relate to the activity in the exercise of which or on the occasion of the exercise of which the offense was committed.

Article L716-12

(Act No. 94-102 of 5 February 1994 Art. 15 Official Journal of 8 February 1994)

In the event of repetition of the offenses defined in Articles L716-9 to L716-11, or if the offender is or has been contractually bound to the aggrieved party, the penalties involved shall be doubled.

The guilty parties may in addition be deprived, for a period not exceeding five years, of the right to elect and be elected to commercial courts, chambers of commerce and industry and professional chambers and to joint conciliation boards.

Article L716-13

(Act No. 92-1336 of 16 december 1992 art. 331 Official Journal of 23 december 1992 in force on 1 March 1994)

The Court may in all cases order, at the cost of the convicted offender, the posting of the decision containing the conviction in accordance with the conditions and subject to the penalties provided for in Article 51 of the Penal Code, as also its publication, in whole or in part, in such newspapers as it may designate, whereby the cost of such publication may not exceed a maximum amount of the fine incurred.

Article L716-14

In the event of conviction for infringement of Articles L716-9 and L716-10, the Court may order confiscation of the goods and of the tools that have served to commit the offense.

The Court may order that the confiscated goods be delivered up to the owner of the mark that has been infringed, without prejudice to any damages.

The Court may also order their destruction.

Article L716-15

Decrees in Conseil d'Etat shall lay down, where necessary, the conditions for implementing this Book.

Article L716-16

The provisions of Article L712-4 shall be applied progressively by reference to the International Classification of Goods and Services for the Purposes of the Registration of Marks.

Applications filed prior to December 28, 1991, shall be examined and registered under the procedure instituted by Act No. 64-1360 of December 31, 1964, on Trademarks and Service Marks.

Chapter VII: Community Mark

Article L717-1

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

The violation of the prohibitions set forth in Articles 9, 10, 11 and 13 of Council Regulation (EC) 40/94 of 20 December 1993 on the Community trade mark shall constitute infringement resulting in the civil liability of the offender.

Article L717-2

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

The provisions of Articles L. 716-8 to L. 716-14 are applicable to infringements to the rights of the owner of a Community trade mark.

Article L717-3

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

Any proceedings for infringement, based on an earlier Community mark, against a later national registered mark the use of which has been tolerated for five years shall not be admissible unless the national registration was applied for in bad faith.

Non-admissibility shall be limited to those goods and services for which use has been tolerated.

Article L717-4

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

A Conseil d'Etat decree shall determine the courts of first instance and appeal courts having ratione loci and ratione materiae jurisdiction, who shall have sole competence to hear the actions and claims pursuant to Article 92 of the Community Regulation referred to in Article L. 717-1, including where such actions cover both a issue relating to trade marks and a related issue relating to designs and models or unfair competition. 

Article L717-5

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

An application for a Community mark or a Community mark can only be converted into an application for a national mark in the cases set forth in Article 108 of the Community Regulation referred to in Article L. 717-1.

In these cases, the application for a national mark must, subject to refusal, satisfy the provisions of Articles L. 711-2, L. 711-3, L. 712-2 and L. 712-4. The requirements of application of this paragraph shall be set by a Conseil d'Etat decree.

The provisions of the foregoing paragraph shall not apply when the oldness of a mark previously registered in France is claimed to the benefit of a Community mark.

Article L717-6

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

When a mark that has been previously registered in France has not been renewed or has been abandoned, the fact that the oldness of this mark is claimed in the name of a Community mark does not prevent a declaration of invalidity of this mark or the revocation of the rights of its holder.

Such revocation may not, however, be declared in application of this Article unless it was incurred on the date of the surrender or on the date of expiration of the registration.

Article L717-7

(inserted by Order No. 2001-670 of 25 July 2001 art. 3 Official Journal of 28 July 2001)

The order for enforcement referred to in Article 82 of the Community Regulation referred to in Article L. 717-1 shall be appended to the decision by the National Institute of Industrial Property.

Sole Chapter

Article L721-1

(Act No. 93-949 of 26 July 1993 art. 5 I Official Journal of 27 July 1993)

The rules relating to the determination of appelations of origin are laid down by Article L115-1 of the Consumer Code reproduced hereafter: “An appellation of origin shall consist of the geographical name of a country, region or locality that serves to designate a product originating therein, the quality or characteristics of which are due to the geographical environment, including both natural and human factors.”

Sole Chapter

Article L811-1

(Act No. 94-102 of 5 February 1994 Art. 20 Official Journal of 8 February 1994)

(Order No. 96-267 of 28 March 1996 art. 5 Official Journal of 31 March 1996 in force on 1 May 1996)

(Act No. 2001-670 of 25 July 2001 art. 6 I, II, III Official Journal of 28 July 2001)

(Order n° 2001-670 of 25 July 2001, Art. 6 I, II, III, Official Journal of 28 July 2001)

(Act n° 2003-517 of June 2003, Art. 1, Official Journal of June 2003, in force on 1 august 2003)

Subject to the fourth paragraph of Article L335-4 and Articles L133-1 to L133-4 and subject to the adaptations laid down in the following articles, the provisions of this Code shall apply in Mayotte.

Subject to the same conditions, they shall apply in French Polynesia, in the Wallis and Futuna islands, in the French territories of the Southern Hemisphere and the Antarctic, New Caledonia and in Mayotte, with the exception of the fourth paragraph of Article L335-4 and articles L133-1 to L133-4, L421-1 to L422-10 and L423-2.

Article L811-2

(Order No. 2001-670 of 25 July 2001 art. 6 I, II, III, IV and V Official Journal of 28 July 2001)

For the implementation of this Code and of the provisions it applies to French Polynesia, the Wallis and Futuna islands, the French Austral and Antarctic Territories, New Caledonia and Mayotte, the words listed below shall be replaced respectively by the following words:

- "tribunal de grande instance" and "juges d'instances" by "tribunal de première instance";

- "région" by "territoire" and, in the case of Mayotte, by "collectivité territoriale";

- "cour d'appel" by "tribunal supérieur d'appel de Mamoudzou" and "commissaire de police" by "officier de police judiciaire" in the case of Mayotte;

- "tribunal de commerce" by "tribunal de première instance statuant en matière commerciale";

- "conseil de prud'hommes" by "tribunal du travail".

Likewise, references to statutory provisions not applicable in French Polynesia, the Wallis and Futuna islands, the French Austral and Antarctic Territories and in New Caledonia shall be replaced by references to provisions having the same subject matter and that result from the provisions locally applicable.

N.B. - Act 2001-616 of 11 July 2001 art. 75: In all legislative and regulatory texts in force in Mayotte, reference to the "collectivité territoriale de Mayotte" shall be replaced by a reference to "Mayotte", and reference to the "collectivité territoriale" shall be replaced by a reference to the "collectivité départementale".

Article L811-3

(Order No. 96-267 of 28 March 1996 art. 5 Official Journal of 31 March 1996 in force on 1 May 1996)

(Order No. 2001-670 of 25 July 2001 art. 6 I and IV Official Journal of 28 July 2001)

For its application in French Polynesia, the Wallis and Futuna islands, the French Austral and Antarctic Territories, New Caledonia and Mayotte, Article L. 621-1 of this Code shall read as follows:

"Art. L. 621-1:

"The disclosure or attempted disclosure of a manufacturing secret by any director or salaried person of the enterprise in which he is employed shall be punishable by a prison term of two years and a fine of FRF 200,000.

"The court may also order as an additional penalty for a period of not more than five years the loss of civic, civil and family rights provided for by Article 131-26 of the Penal Code.”

N.B. - Act 2001-616 of 11 July 2001 art. 75: In all legislative and regulatory texts in force in Mayotte, reference to the "collectivité territoriale de Mayotte" shall be replaced by a reference to "Mayotte", and reference to the "collectivité territoriale" shall be replaced by a reference to the "collectivité départementale".

Article L811-4

(inserted by Order No. 2001-670 of 25 July 2001 art. 7 Official Journal of 28 July 2001)

I. – For their application in French Polynesia, the Wallis and Futuna islands, the French Austral and Antarctic Territories, New Caledonia and Mayotte, Articles L. 717-1, L. 717-4 and Article L. 717-7 of this Code shall read as follows:

"Art. L. 717-1.:

I. – Shall constitute infringement resulting in the civil liability of the infringer, in the absence of consent by the holder of the Community mark, the use in the course of trade by a third person, of:

a) Any sign that is identical with the Community mark in relation to goods or services which are identical with those for which the Community mark is registered;       

b) Any sign in respect of which, because of its identity with or similarity to the Community mark and the identity or similarity of the goods or services covered by the Community mark and the sign, there exists a likelihood of confusion on the part of the public, the latter including the likelihood of association between the sign and the mark;

c) Any sign which is identical with or similar to the Community mark in relation to goods or services which are not similar to those for which the Community mark is registered, where the latter enjoys a certain renown in the European Community and where use of that sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the renown of the Community mark.

II. – May, inter alia, constitute infringement:

a) Affixing a sign, as this term is defined in paragraph I, to the goods or to the packaging thereof;

b) Offering the goods, putting them on the market or stocking them for these purposes under that sign, or offering or supplying services under that sign;

c) Importing or exporting the goods under that sign;

d) Using this sign on business papers and in advertising.

III. – Shall also constitute infringement:

a) The reproduction of a Community mark in a dictionary, encyclopaedia or similar reference work, when it gives the impression that it constitutes the generic name of the goods or services for which the Community mark is registered, unless the publisher of the work ensures, at the request of the holder of this mark, that the reproduction of the mark in the next edition of the publication at the latest is accompanied by an indication that it is a registered mark;

b) The registration and use of a Community mark by the agent or representative of a person who is the holder of that mark, without the latter's authorisation, unless the agent or representative justifies his action.

IV. – The Community mark may only be invoked against third parties from the date of publication of the registration of the mark. Compensation may, however, be claimed in respect of matters arising after the date of publication of a Community mark application, which matters would, after publication of the registration of the mark, be prohibited by virtue of that publication. The court referred to may not decide upon the merits of the case until the registration has been published.

V. – The rights conferred by the Community mark do not allow its holder to prohibit its use for goods put on the market under this mark by the holder or with his consent, within the European Community, the European Economic Area, French Polynesia, the Wallis and Futuna islands, the French Austral and Antarctic Territories, New Caledonia or Mayotte. This is not the case where there exist legitimate reasons for the holder to oppose further commercialisation of the goods, especially when the condition of the goods is changed or impaired after they have been put on the market."

"Art. L. 717-4.:

A Conseil d'Etat decree shall determine the courts of first instance and appeal courts having ratione loci and ratione materiae jurisdiction, who shall have sole competence to hear:

a) Actions in infringement involving a Community mark;

b) Actions in compensation brought pursuant to the conditions laid down in IV of Article L.717-1;

c) For counterclaims in revocation or for a declaration of invalidity of a Community mark, provided they are based on the grounds for revocation or invalidity applicable to the Community mark.

These courts shall be competent to hear these actions and claims, including where they cover both an issue relating to marks and a related issue relating to designs and models or unfair competition."

"Art. L. 717-7.:

Any final decision of the Office for Harmonization in the Internal Market fixing the amount of costs shall be enforceable when the order for its enforcement is appended to the decision by the National Institute of Industrial Property, after verification of the authenticity of the title.

The interested party may proceed to enforcement in accordance with the rules of civil procedure applicable in the place of enforcement."

II. – For the application of Article L. 717-5 in the same territories, the first paragraph of this Article is replaced by the following provisions:

"Art. L. 717-5.:

I. – An application for a Community mark or a Community mark can only be converted into an application for a national mark:

a) To the extent that the Community mark application is refused, withdrawn, or deemed to be withdrawn;

b) To the extent that the Community mark ceases to have effect.

II. - Conversion shall not take place:

a) Where the rightholder of the Community mark has been deprived of his rights on the ground of non-use, unless the Community mark has been used in France in conditions constituting genuine use within the meaning of Article L. 714-5;

b) When it has been established, in application of a decision by the Office for Harmonization in the Internal Market or by a national court, that the application or the Community mark is affected in France by a grounds for refusal of registration, invalidity or revocation.

III. - The national mark application resulting from the conversion of a Community mark application or a Community mark shall benefit from the deposit date or the date of priority of that application or mark and, where appropriate, the oldness of a national mark previously registered and validly claimed."

N.B. - Act 2001-616 of 11 July 2001 art. 75: In all legislative and regulatory texts in force in Mayotte, reference to the "collectivité territoriale de Mayotte" shall be replaced by a reference to "Mayotte", and reference to the "collectivité territoriale" shall be replaced by a reference to the "collectivité départementale".