Assignment of intellectual property rights: beware of free transfers!

[27/03/2024]

In a ruling handed down on 13 March 2024, the Paris Court of Appeal confirmed that a free of charge assignment of industrial property rights is equivalent to a gift, and must therefore be executed before a notary under penalty of nullity, in accordance with the provisions of Article 931 of the French Civil Code.

This decision follows a case judged by the Paris Court of First Instance in February 2022, in which a trademark assignment without financial consideration was invalidated for not being signed before a notary public.

Pending a potential appeal to the Court of Cassation (Supreme Court), the decision of the Court of Appeal has (unfortunately) clarified a very strict case law.

The position of the French Court of Cassation is eagerly awaited by practitioners.

Our teams will be happy to answer any questions you may have about the assignment of your industrial property rights.