Question 35267 — intellectual property

Summary

Mr. Mohamed Laqhila draws the attention of the Minister of the Economy, Finance and Recovery to the bill ratifying Ordinance No. 2019-1169 of November 13, 2019 relating to product or service marks and Ordinance No. 2020-116 of February 12, 2020 creating a right of opposition to invention patents. If the Government's intention appears quite clear on the fact that it does not intend to confer the authority of force of res judicata to the decision of the National Institute of Intellectual Property in the matter of opposition, the question seems to arise in the context of an appeal against opposition to a patent. Indeed, in the context of litigation, the appeal would take place before the Paris Court of Appeal and would follow the rules of civil law, carrying the authority of res judicata. Such a consequence could harm a future nullity action and would thus encourage opponents to oppose with a nominee. This is obviously not at all the objective pursued since the idea is that the opponents come forward in their own name and that the reform of the opposition is a success. Even if possible future case law could clarify this aspect of law, he questions the advisability, in the spirit of clarity of the law, of modifying the initial text even though the bill is not yet on the parliamentary agenda.

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