Industrial Property Law

Under Articles L. 511-9 and L. 513-2 of the Intellectual Property Code, the legal entity which registers a design benefits from ownership of the rights to this design and from the presumption of ownership attached to the registration . Knowledge or identification of the actual designer is not sufficient to rebut this presumption, in the absence of any claim on his or her part . The filing of a design, without any claim from other creators, and its peaceful exploitation give rise to the presumption that the applicant is the holder of the rights in this design . However, the creator may seek invalidity of the registration in the cases provided for in Article L. 512-4 of the Intellectual Property Code, subject to presentation of proof of the facts alleged .

Cass. com. 15 March 1994, LawLex202300008380JBJ.

Cass. com., 23 September 2008, LawLex202100006315JBJ, concerning an undertaking which had filed an application for registration even though it was only the transferee of reproduction rights in the design.

Cass. com., 26 June 2024, LawLex202400004758JBJ.

CA Bordeaux, 13 January 2014, LawLex202200001842JBJ.

450. Presumption of ownership for person filing application