Industrial Property Law

Each co-owner may transfer his share to a third party at any time. The other co-owners have a right of pre-emption, which they may exercise for a three-month period after notification of the proposed sale (Art. L. 613-29, e) IP Code) .
When a co-owner intends to exercise his right of pre-emption, but there is no agreement on the price, the price is set by the judicial court. The parties have one m …

Transfer/pre-emptive right

Each co-owner may transfer his share to a third party at any time. The other co-owners have a right of pre-emption, which they may exercise for a three-month period after notification of the proposed sale (Art. L. 613-29, e) IP Code) .

When a co-owner intends to exercise his right of pre-emption, but there is no agreement on the price, the price is set by the judicial court. The parties have one month from notification of the court judgment or appeal ruling in the event of an appeal of the order, to withdraw from the sale or purchase of the co-ownership share, without prejudice to any damages that may be due. Costs are borne by the relinquishing party.

To be valid, the transfer of an undivided patent can only be initiated by one of the co-owners and only up to the amount of his or her share, subject to compliance with the procedure described in Article L. 613-25 of the French Intellectual Property Code . The disposal of a share of a patent by an undertaking, even one managed by one of the co-owners, without complying with the formalities, is null and void . In addition, the transferor has a duty of information and loyalty towards the co-owners of the patent. Accordingly, they must be informed when the enjoyment of their rights will be deferred as a result of an arrangement they have made with the transferee, provided that this circumstance does not emerge from a simple reading, even a thorough one, of the transfer agreement. Otherwise, the seller is guilty of fraudulent non-disclosure .

Cass. com., 18 November 2008, LawLex202200003452JBJ.

CA Caen, 11 July 2017 LawLex202200000696JB.

CA Lyon, 21 October 2004, LawLex202200000685JBJ.

Industrial Property Law

376. Transfer/pre-emptive right

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376. Transfer/pre-emptive right

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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au contenu exclusif Livv – juristes d’entreprise