Sony decision: Enforceability of patent rights next to an assignment

In a decision dated 24 April 2024, the French Court of Cassation (Supreme Court) ruled that, in accordance with Article L.613-9 (al. 1) of the French IP Code, the patent assignee is not entitled to bring infringement proceedings against third parties until registration of assignment has been published in the National Patent Register.

The Court of Cassation also states that it is possible to regularize the recordal of the transfer in the course of proceedings and that, in this case, the assignee is entitled to bring an action not only for acts of infringement subsequent to the recordal of the transfer but also for acts prior to said recordal. This position, which departs from common practice, allows the assignee to claim compensation for acts that occurred between the date of the assignment (or even before the date of the assignment, depending on the provisions of the contract) and the entry of the assignment in the Register.

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