Industrial Property Law

The Intellectual Property Code gives proprietors of patent rights the right to transfer them in whole or in part (Article L. 613-8 s. IP Code). This transfer may take the form of an assignment or a license to exploit granted to a third party, but an exchange of patents, a pledge or a contribution of the title to an undertaking are also possible. Thus, both ownership and enjoyment of rights may be transferred by the proprietor (Article R. 613-55 IP Code). The extent of the transfer of rights is variable and depends on the intentions of the parties.

By establishing absolute territorial protection through the exclusivity conferred, these agreements must not undermine European or French competition rules. However, insofar as they promote research and innovation, technology transfer agreements are favorably assessed by the competition authorities. As such, they benefit from an automatic exemption under Regulation No 316/2014 .

Regulation No 316/2014 of 21 March 2014, on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of technology transfer agreements, OJEU L 93 of 28 March 2014.

316. Transfer of rights