Blog - Institut Stanislas de Boufflers

Copyright History UncategorizedDe Boufflers, Le Chapelier, Lakanal, and the Enlightenment: what they would (probably) think about the evolution of copyright and why it is high time to consider an overhaul of the subject matter and its governance – Christophe Geiger

8 December 2022

The exercise is obviously perilous because about 230 years separate us from the French Revolution. However, it is very likely that if they were to look at copyright today, De Boufflers, Le Chapelier, Lakanal and the philosophers of the Enlightenment who theorized on the subject in the 18th century would be saddened by the fate […]

Uncategorized“The invention of the patent, an idea of genius?” Discover the excerpt from Pascal ATTALI’s book on the outstanding figure of Stanislas de Boufflers

19 October 2022

Stanislas de Boufflers, December 1790 The patent as we know it today is the product of a sinuous history. Although isolated examples of the granting of exclusive rights to inventors can be found as early as antiquity, the emergence of legal protection for inventions is more recent. In France, the first exclusive royal privilege […]

UncategorizedOPPO’s FRAND licensing strategy: “You get a PI? OK, I’m leaving” – Matthieu DHENNE

16 October 2022

I won’t go back to the numerous litigations involving OPPO and Nokia around the world, nor will I comment on the decisions rendered by the German courts since this summer. What interests me is the unprecedented attitude of OPPO in these proceedings – which withdrew its products from the German market even before the execution […]

News Patents RegulationThe Birth of the UPC – Sir Robin Jacob

5 February 2022

The period of gestation for a human being is 9 months. That for an elephant 2 years. For the UPC how long? Not so easy to say. The first big formal effort of creating was the Community Patent Convention of 1975 – a woeful system (rejected by industry twice, at the time and later in […]

UncategorizedTwice out the door, the repair clause goes out the window – Charles de Haas

17 January 2022

Last year, we reported the failure of the introduction of the repair clause in French design and copyright law by two successive laws, both of which were judged unconstitutional on this point because they were too “cavalier”, but we feared a new and more fruitful attempt to introduce it [1]. This has been done since […]

Commentary PatentsAI as inventor: when Man remains hidden in the mythology of technology – Matthieu Dhenne

15 November 2021

Two recent decisions in South Africa and Australia have accepted the fanciful thesis that an AI could be an inventor. I do not intend to comment on these decisions here, I simply want to try to understand how such a far-fetched (and useless) idea could gain so much ground in such a short time. Let’s […]

Commentary Designs Patents TrademarksThe Gömböc case, or the setbacks of three-dimensional trademark protection – Clara Grudler

29 June 2020

On 23 April 2020, the Court of Justice of the European Union (CJEU) handed down a particularly enlightening decision on the notions of “shape of the product necessary to obtain the technical result” and “shape which gives substantial value to the product” (1). These are grounds for refusal or invalidity of a three-dimensional trade mark, […]

PatentsT 161/18: Sufficiency of Disclosure Put to the Test of Artificial Intelligence – Matthieu Dhenne

28 June 2020

In a decision T 161/18 of 12 May 2020, the EPO Technical Board of Appeals 3.5.05 confirmed the rejection of an application for a neural network, considering the description insufficient in the absence of details of the data used, so that furthermore the neural network did not lead to any technical effect contributing to the […]

Commentary DesignsCommentary on Brompton Bicycle Ltd v Chedech/Get2Get (CJEU, 11 June 2020, Case C-833/18): much ado about nothing? – Patrice de Candé

19 June 2020

Although the judgment handed down on 11 June 2020 by the Court of Justice of the European Union will not provide much information to the court in Liège, which had asked it to rule on the dispute between Brompton Bicycle Ltd and Chedech/Get2GEt, it will reassure the concerns that commentators may have had about the […]

Commentary Uncategorized PatentsDamages award for abusive procedure: turnaround? – Sandrine Bouvier-Ravon

30 May 2020

The question of damages for malicious prosecution is often raised by our clients, whether they are plaintiffs or defendants in an infringement action. If the infringement action is unsuccessful, if the title invoked is cancelled, does the plaintiff run the risk of being ordered to pay damages for abusive proceedings? For once, we used to […]

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@de Boufflers Blog

An open forum about innovation.