Industrial Property Law

The judicial courts are competent to hear liability actions directed against the director general of the INPI, for faults that he may have committed in the exercise of his powers in terms of the granting, refusal or maintenance of industrial property titles . The jurisdiction of the courts is not limited to appeals against decisions of the director general of the INPI having a direct impact on the grant or maintenance of industrial property titles , but covers any dispute related to those prerogatives .

In accordance with the principle of equal treatment of litigants, actions for liability may be brought by the person seeking annulment, as an accessory to that action, or by a third party, independently of any challenge to the decision giving rise to the complaint .

T. confl., 5 June 2000, LawLex202100003026JBJ in this case, the applicant had been compensated because of a delay by the INPI in making its decision; Cass. com., 13 May 1997, LawLex202100003015JBJ.

Cass. com., 29 November 2011, LawLex202100003021JBJ.

Cass. com, 11 March 2014, LawLex202100003022JBJ; Com, 3 November 2016, LawLex201600001831JBJ; Cass. com, 29 November 2011, LawLex202100003021JBJ; relating to an appeal against a decision of the director general of INPI who had refused to accept the translation of a European patent.

Cass. com. of 11 March 2014, LawLex202100003022JBJ; Cass. com, 3 November 2016, LawLex201600001831JBJ.

12. Liability action