Under the direction of Romain Bourdon

Trademark law in France and Europe [Translation from the French version]

Jérôme Tassi • Nicolas Binctin •Matthieu Dhenne • Julien Canlorbe

This booklet, entitled Le droit des marques en France et en Europe (Trademark law in France and Europe) and prefaced by Mr. Jacques Azéma, gathers four contributions from oral presentations at the April 1, 2019 symposium organized by the Institut Stanislas de Boufflers. They predate the publication of the ordinance n° 2019-1169 of November 13, 2019 and its implementing decree, n° 2019-1316, of December 9, 2019, these texts ensuring the transposition into French law of the directive (EU) 2015/2436 of December 16, 2015.

Jérôme TASSI – The renewal of procedural strategies in trademark law.

Nicolas BINCTIN – The simple collective mark.

Matthieu DHENNE – On the form trademark (or the oxymoron of trademark law).

Julien CANLORBE – The role of genuine use in the new trademark law.

58 pages.

Language : French.
Publisher : Editions de Boufflers (dir. Lorraine BAZIN and Romain BOURDON).
ISBN : 978-2-492173-01-1.

COVID-19 : How to Implement the Ex Officio License [Translation of the French Version]

Elisabeth Berthet • Matthieu Dhenne • Lionel Vial

Current research for COVID-19 treatments is based on known active ingredients covered by industrial property titles (patents or supplementary protection certificates). These titles confer to their holder an exclusive right of exploitation on the claimed substances. Consequently, the manufacture by third parties of anti-COVID-19 drugs whose composition would include protected molecules will require the obtaining of exploitation authorisations, in principle granted at the discretion of the rights holders. The mechanism of ex officio licensing in the interest of public health makes it possible to bypass the granting of such authorisations by obliging the holders to grant rights to use the patented inventions to third parties.

However, under the rule of law, the use of ex officio license would be difficult. To overcome them, the mechanism should be made more flexible to ensure its effective implementation. This report, entitled COVID-19: How to Implement the Ex Officio License, presents proposals for amendments to existing legislation and regulations.

29 pages.

Language: English (Translation of the French Version).
Publisher: De Boufflers’ Editions.
ISBN: 978-2-492173-00-4.