@de Boufflers Blog

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 […]

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 […]

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 […]

By decision T489/14 of 22 February 2019, the Board of Appeal 3.5.07 of the European Patent Office referred to the Enlarged Board of Appeal under Article 112(1)(a) EPC a series of questions concerning the assessment of the inventive step of computer-aided simulation methods (Case G1/19). First of all, a few words about the context. As […]

Agility has become a new quality expected of legal rules. Reports, opinions and recommendations of all kinds are increasingly establishing agility as a cardinal legal virtue. In its annual study for 2017, the Conseil d’Etat theorizes agility as a legislative method combining flexibility and responsiveness (CE, “Puissance publique et plateformes numériques : accompagner l”ubérisation'”, 2017). […]

The song is from a time that people under 60 cannot know, although it has not yet been completely forgotten (probably because Brigitte Bardot sang it with the Frères Jacques). It is its title that comes to mind when one confronts the assessment of what has become of intellectual property with the vision that Stanislas […]

In a photomontage published on the front page, the magazine Le Point had reproduced the sculpture of the bust of Marianne made by the artist Alain Aslan, with the features of Brigitte Bardot, sinking under the waters with the title “les naufrageurs” and the subtitle “Corporatistes, intouchables, tueurs de réformes, lepéno-cégétistes…. (…) France is sinking […]

In France, the first law protecting inventions dates from January 7, 1791. It follows a report by our dear knight Stanislas de Boufflers dated December 30, 1790, entitled “Rapport relatif aux encouragements et aux privilèges à accorder aux inventeurs de machines et de découvertes industrielles” (Archives parlementaires, 1 ère série, t. XXI, p. 721-732 [30 […]

The Law on the protection of recipes and culinary creations registered at the National Assembly on April 30, 2019 (No. 1890) will not fail to surprise all those who are interested in intellectual property, because they know well that the judgment of November 13, 2018 issued by the Court of Justice, closed the way of […]