The courts are becoming increasingly careful when it comes to assigning intellectual property rights – patents, trademarks, designs and even copyrights.
Many contracts concluded between business partners or between an individual and a company had the (bad) habit of providing either for free transfers or at derisory amounts.
In the event of subsequent disputes or registrations with the IP Offices, these transfers may have been refused or reclassified as donations. Donations must comply with specific formal requirements, as stated in article 931 of the French Civil Code and they imply a notarial deed.
In a recent decision of the Paris Court of First Instance of September 11, 2024 it was also held that a commitment to a future partnership is not considered sufficient consideration for the transfer of copyright.
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Severine Fitoussi
Trademark & Design Attorney and European Counsel with the EUIPO
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