Conditions for claiming the status of owner of an IP right

[12/11/2024]

In a ruling dated September 11, 2024, the Court of Appeal recalled the conditions for the use of the wording “patented formula”.

In that case, a company stated on its product data sheet that its formula was patented, but could not demonstrate that it owned or was licensed under a patent in force protecting that formula. The Court found this practice to be unfair and ordered the removal of the misleading information.

Indeed, Article L. 615-12 of the Intellectual Property Code expressly penalizes any person who falsely claims to be the owner of a patent or patent application.

This decision reflects the requirements for the use of the ® symbol for trademarks, which is reserved exclusively for registered trademarks.

The use of this symbol for an unregistered trademark is also likely to constitute an offence.

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