Dissertations / Theses on the topic 'Contrefaçon de brevet'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 17 dissertations / theses for your research on the topic 'Contrefaçon de brevet.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Hubert, Olivier. "Aspects procéduraux de la contrefaçon de brevet d'invention." Thesis, Lyon 3, 2015. http://www.theses.fr/2015LYO30057.
Full textThe procedural law of patent infringement action is not an autonomous law. Indeed, if patent infringement action largely depends on its own procedural rules, it also relies on a multitude of rules belonging to more general normative systems, such as, in particular, the private judicial law, property law, contract law, or human rights. The patent infringement proceedings, which fundamentaly depends on private judicial law, integrates some specific rules, which thus give it a unique legal physionomy. Only the study of the relationship between these different normative systems at each stage of both the action and the proceedings, clarifies the procedural aspects of the action of patent infringement and secure as well as protecting litigants while exercizing their rights
Brüning-Petit, Laurence. "Le contentieux judiciaire de la contrefaçon de brevet : étude des systèmes juridiques français et allemand sous des aspects de droit communautaire et international." Lyon 3, 2006. https://scd-resnum.univ-lyon3.fr/in/theses/2006_in_bruning-petit_l.pdf.
Full textThe efficient court enforcement of patent rights against acts of infringement undoubtedly is a fundamental element of effectively protecting the patentee's monopoly. Despite the efforts to incorporate patent litigation in a European court system, the rather modest solutions proposed hitherto contrast with the high level of harmonisation reached for substantive patent law. For the moment, patent enforcement remains an area which is essentially governed by domestic legislation. Against the background of various harmonisation proposals and initiatives, a comparison between the French and the German systems of enforcing patent rights is of particular interest due to the high number of patent infringement suits and the expertise of the judiciary in these two countries. The main objective of this study is to analyse the advantages and shortcomings of both legal systems having regard to the rules governing court organisation and jurisdiction in patent infringement suits, preliminary measures, evidence, available defences and remedies. It will not least be analysed to what extent fundamental rules of civil and procedural law have an impact on the issues discussed in this study
Chien, Min-Cheng. "Etude de la protection par le brevet des techniques relatives aux semi-conducteurs en droits Taïwanais et Chinois." Strasbourg, 2011. http://www.theses.fr/2011STRA4004.
Full textThe semiconductor industry is the mainspring of the Taiwanese economy. Taiwanese economy has to be the object of a protection by the implementation of a regime of protection by the intellectual property. It is thus essential to study the protection by patent of techniques related to semiconductors in Taiwanese and Chinese law. Indeed, the Taiwanese and Chinese legal systems prefer the patent as the mode of protection of the inventions concerning the techniques of semiconductors. It is not the only way to provide such a protection because these techniques may constitute a know-how which recovers from the law on the commercial secret in Taiwan and from the law on the protection against the unfair competition in China. To be patentable in Taiwan and in China, the invention has to fulfil the conditions of novelty, creative activity and industrial application. Since a technique relative to semiconductors can be the object of a patent, any violation of this right constitute a forgery, which when it is proved, is punished by the allocation of damages for the victim of the act of forgery. Finally, the study thus proposes a comparison of Taiwanese and Chinese law, what has consequences in determination of the applicable law and the competent jurisdiction between both banks
Ashrafnejad, Roshanak. "La protection juridique des logiciels entre invention et oeuvre de l’esprit en droit français, américain et iranien." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS536.
Full textComputer program can be protected under both copyright law and patent law under US and Iranian intellectual property law. The European Patent Convention and French intellectual property law explicitly exclude « programs or series of instructions for the procession of operations of a calculating machine », i.e. computer programs from being an patentable subject matter. Despite the non-patentability software, the European and French Patent Offices grant patent qualification without any problems. Because the only protection of computer program by copyright is no longer seen to be sufficient. This expansion has caused overlap to occur between copyright and patent on software.Overlap issues could be arise when an intellectual property rights holder asserts rights under more than one doctrine. That overlapping rights make it difficult for intellectual property users to determine the scope of another’s rights, particularly when those rights have different terms or limitations.Our research begins by defining the components of computer software, followed by an outline of the expansion and overlap of copyright and patent rights. Subsequently, the study will focus on an analysis of the suitability for computer program to be protected by copyright or patent. Ultimately, we will investigate in US and French intellectual property law for the theoretical solutions to this unresolved overlap
Gboyou, Djidjoué. "L'efficacité des instruments juridiques de protection du médicament contre la contrefaçon dans les pays développés et les pays en voie de développement : cas de la France et du Bénin." Thesis, Tours, 2012. http://www.theses.fr/2012TOUR1011.
Full textDespite reinforcement in protection, notably with the agreement on the ADPIC instituted in 1994 in appendix to the Act on the creation of WTO, medication counterfeiting continues to expand, to the degree of becoming an internationally organized and structured activity. This suggests a gap in protection as well as a shortage of actions and judicial procedures to fight medication counterfeiting. Nonetheless, if a serious international market for medication counterfeiting exists, this situation reveals a supply offered to an existing, persisting and unmet demand. How then can we understand that despite a double protection provided by both the approval for market sale and the patent for industrial property which individualize the product in regards of common consumption, the medication could still be counterfeited, without the perpetrators being subjected to sufficient and dissuasive judicial sanctions? Especially when this involves dealing with a health product, connected directly to human life. The present study suggests that counterfeiting feeds on loopholes in the legal system applying to medication distribution, and can be explained by cultural and sociological factors. In addition, this study emphasizes the impact of rights for industrial property, especially the patent right, on its fraudulent copy. Indeed, by the depriving appropriation they put on the product and the accentuation of its induced merchandizing, the rights of industrial property contribute to make the product inaccessible to some population subgroups. Deprived from the ability to access it, and since one needs to heal in order to live, these subgroups turn to substitutive products, including counterfeited medications
Lawrynowicz-Drewek, Anna. "Le droit processuel appliqué au contentieux des brevets à l’aune de la Juridiction unifiée du brevet : quel rôle pour la Cour de justice de l’Union européenne ?" Electronic Thesis or Diss., Strasbourg, 2024. http://www.theses.fr/2024STRAA012.
Full textThe Unified Patent Court, a new international jurisdiction specializing in European patent litigation, is subject to European Union law. European Union law, however, remains scattered and incomplete when it comes to civil procedure. The question of the CJEU's effective role in interpreting the UPC's procedural rules is of major interest. However, an in-depth analysis of the European rules and those specific to the UPC leads to the conclusion that this role remains limited to date. The failure to strengthen the role of the CJEU leads to a risk of inconsistency in EU law and its non-uniform application, as well as, from a strategic point of view, to pronounced forum shopping, reducing the attractiveness of the new specialized jurisdiction. To remedy this situation, the thesis suggests a series of proposals aimed at strengthening the CJEU's role in this area, both through horizontal and special instruments
Ahiaku, Sadia Koffi. "Les instruments internationaux de lutte contre la contrefaçon." Poitiers, 2011. http://www.theses.fr/2011POIT3018.
Full textUntil the early 1990s, the classic traities on intellectual property were mainly concerned by the purely normative protection of the standards in this matter. Considerng these shortcomings, the fight against counterfeiting is based only on national measures, while the plague has continued to be internationalized. By providing an impressive procedural and customs devices to combat counterfeiting, the new conventional law, mainly the TRIPS agreement, adopted a more modern and especially more functional approach on the protection of these rights. Such progress, however, were not enough to ensure effective conventional protection, that was compromised by many burdens and resistance. The first ones relates to the actual content of conventional law, that is, above all, the way conventional standards are defined, but also to the persistence of bilateral sided agreements that lead to change the international treaties' balance. Others are the consequences, on the fight against counterfeiting, of the free market economy's logic that dominates the new conventional law. The second result of external factors, whether related to the pitfalls of the conventional law's effective integration, or the resolution of disputes between States and the implementation of the decisions outcoming from these mechanisms. An evolution of conventional law, feasible, requires in particular, on one hand, normative improvements relating to material standards - procedural and punitive damages - as well as private international law's standards, a real poor part of the treaty law. It requires, on the other hand, structural improvements relating to the defence - jurisdictional or not - of rights, and to the monitoring and the implementing of the State commitments
Franc, Jean-Pierre. "L'obligation de garantie à l'épreuve du droit de la propriété intellectuelle : aspects théoriques et pratiques." Montpellier 1, 1996. http://www.theses.fr/1996MON10015.
Full textIn French law, the warranty is one of the most important obligation and it concern the majority of the agreements. Yet, many difficulties are coming from the latent vice which a thing can be infected or the eviction proceeding from a person who is stranger in the agreement process. Nowaday, these difficulties give us a serious reflexion concerning intellectual property on account of the immaterial aspect of the different agreements. So that, we propose to see this warranty on account of these aspects, especially in private law
Kazzaz, Randa. "Les mécanismes de sanction du droit privatif sur le logiciel : l'action en contrefaçon." Montpellier 1, 1990. http://www.theses.fr/1990MON10014.
Full textRouquié, Salomé. "Étude comparative de la lutte contre la contrefaçon en droit français et anglais." Thesis, Paris 2, 2020. http://www.theses.fr/2020PA020007.
Full textA 2019 report by the OECD and the EUIPO estimates that counterfeiting accounts for 3.3% of world trade and 6.8% of European Union imports. Today, this illicit activity pervades the entire lawful economy, sparing no sector, and its profits are the primary income source for criminal organisations. In light of this, it is essential that improvements are made to the national and European legal framework. By taking a comparative approach to French and English law, a critical eye can be cast on the current regulations and proposals can be developed. When identifying the main components of this tort, by not retaining – like English jurists – the doctrinal classification of intellectual property rights, it is possible to draw new parallels and strengthen the objectivity of the classifications presented. This proposition also makes it possible to highlight the procedural strategies of litigants and to denounce certain tendencies by comparing the concept of parasitism with the tort of passing off. Based on the English approach, trade secrecy will also be considered as a privileged instrument, leading companies to favour it or to combine it with private rights. Similarly, during the presentation of the means of combatting counterfeiting, and having underlined the central role of the customs authorities, we will draw from the English judicial structure to propose a specialisation of our jurisdictions, the creation of a body of magistrates specialising in private law, a new allocation of costs and the introduction of punitive damages. Furthermore, convinced of the importance of European harmonisation in establishing an effective mechanism for sanctioning and deterring counterfeiters, we will examine the consequences of Brexit
Pfister, Étienne. "Droits de propriété industrielle et stratégies des firmes : éléments théoriques et empiriques." Paris 1, 2001. http://www.theses.fr/2001PA010045.
Full textRen, Junmin. "La protection juridique des inventions dans les relations commerciales entre la France et la Chine : étude de droit comparé et droit international privé." Paris 10, 2006. http://www.theses.fr/2006PA100153.
Full textUnder protection of inventions, the patent and know-how play a major and essence part in French right as well as in Chinese right. Since more than ten years, following the example terms of collective agreements such as the CUP, the ADPIC, the CVIM, the two systems know a considerable bringing together, however, there are also more or less important differences between them in many matters. In France same as in China, the patent is a title delivered by the public authority to the inventions satisfying the determined conditions, and then confers to its holder an exclusive but temporary right. Being given the intervention of the executive power in this procedure, the title produce the effects only in the space to which this power extends. Know-how is in the field of industrial right, but, the absence of an official recognition involves that it will not be able to profit from a specific protection, it concern a protection by ordinary way of the substantive law. Having an economic value, the patent and know-how make object of acts of assignment of technology at the level in the national as well as in the international. In this last case, because of their specific statute, the application of the international legal law of the contract will raise certain difficulties. If the two systems have a glance close on the conflict of laws about contractual matter, they don’t however share the same point of view on methods of its determination, in particular on the intervention of the imperative rules. Moreover, the holder of patent can exert his exclusive right by the sanction of the acts of counterfeit; as for the holder of know-how, the procedure of unfair competition is open for him to condemn the parasitic acts or the illicit disclosure. When these illicit acts are at the international level, the conflicts of jurisdictions and laws are posed again
Salhi, Mongi. "L'évolution du droit de propriété intellectuelle en Tunisie suite à son adhésion à l'OMC et la signature de l'accord ADPIC." Thesis, Sorbonne Paris Cité, 2018. http://www.theses.fr/2018USPCB018/document.
Full textThe TRIPS agreement has been accepted by Tunisia as a necessary evil in order to obtain commercial benefits in sectors of great interest. It was also considered well thought out because it provided a transition period for developing countries to adapt their systems to this comprehensive instrument and establish a minimum standard that could apply to all countries and link IPR to trade. Tunisia is an interesting case of analysis, especially in comparison with other countries maintaining an attitude of rejection towards the traditional treaties of IP. Our country has been a member of the Paris and Berne Conventions for more than a century. It was, of course, the right student who harmonized by developing a new culture of IP protection in accordance with the new international system. The reason is that IP is designed to be, in the new cognitive economy, an important tool in international competitiveness. It is also an instrument for attracting FDI. At the same time, and as stipulated in TRIPS, IP would be an essential component in promoting innovation and ease of technology transfer. But this pattern of harmonization on the basis of so-called minimum standards has not satisfied the enthusiasm of the industrialized countries that have embarked on the conclusion of bilateral trade agreements beyond TRIPS. Our objective is therefore to analyze these assumptions and try to explain what has happened since the TRIPS agreement. The question is whether, in doing so, the country has succeeded in establishing this link between the trade considerations required by TRIPS and the internal concerns related to health, agriculture, cultural diversity and environment. Twenty-three years later, has the country benefited from the alignment of its IP regime with the TRIPS Agreement? One of the stated objectives of TRIPS was the spread of knowledge and thereby the improvement of R & D capabilities. However, very little progress has been made, and it seems that the situation has worsened
Ngorn, Rothna. "La construction de la propriété intellectuelle au Cambodge." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3002.
Full textThe construction of intellectual property rights in Cambodia dates back to a recent time. This construction implies, on the one hand, the adoption of a specific legal framework that establishes the notion of intellectual property and, on the other hand, the elaboration of protection mechanisms of the established notion. As the legislation on intellectual property was adopted to ensure the conformity of Cambodian law with WTO requirements, it is not surprising that the notion and legal regime of literary and artistic property and that of industrial property are almost identical to what is provided under TRIPS Agreement and other Treaties and Conventions administered by the WIPO. Because of legal, economic and social barrier, most of Cambodian laws relating to intellectual property have not been effectively and correctly applied in practice. Consequently, the notion of intellectual property has not been well developed.To enforce the exclusive right of literary and artistic property and that of industrial property, the legal and judicial mechanisms aiming at preventing infringement, preserving the proofs and punishing the infringement are provided under Cambodian legislation relating to intellectual property. Moreover, utilization of alternative disputes resolutions mechanisms such as commercial arbitration, mediation and Preliminary Alternative Disputes Resolution, is also possible. The efficiency of these mechanisms for the protection of intellectual property in Cambodia is, however, a topical question
Bernardin, Steve. "Brevets : rédaction et interprétation des revendications, validité et contrefaçon." Thèse, 2012. http://hdl.handle.net/1866/9188.
Full textThis thesis pertains to patent law. The first part of the study is an overview of patents, where both economic and philosophical justifications for this legal regime are shortly addressed. After reviewing the requirements for the grant of a patent, we turn our attention to the main sections of a patent, namely the description of the invention and the claims. We then proceed to a thorough analysis of both the writing and construction of patent claims. More specifically, Jepson and Markush claims command our attention, having emerged as widespread methods for writing patent claims. Moreover, principles of claim construction, as devised by courts in the context of litigation, are also examined. The second part of this study pertains to patent validity and infringement. Regarding validity, we discuss a number of irregularities that may be cause for the invalidity of a patent, namely: ambiguity, insufficiency of the disclosure, double patenting, anticipation, obviousness and lack of utility. Lastly, with respect to infringement, we consider the circumstances from which it may arise, based on the actions of a third party alleged to be in violation of the patentee’s monopoly. This is carried by way of appraising the extent of said patentee's exclusive rights. With respect to both validity and infringement, we discuss case law pertaining, in a first instance, to validity issues and, in a second instance, to infringement matters.
Jonnaert, Caroline. "La notion de fonctionnalité en droit canadien : quels fondements pour quels usages?" Thèse, 2008. http://hdl.handle.net/1866/3170.
Full textThis memory analyzes the notion of functionality. Of case law origin, this concept tends to maintain the traditional dichotomy between trademarks and patents regimes. In light of judgments rendered on that matter, the preservation of such dichotomy would notably prevent from illegally prolonging a monopoly fallen under the regime of patents by the registration of a trademark. This study tries to understand the concept of functionality and, more specifically, to justify its existence. In order to reach this goal, a detailed study of the regimes of trademarks and patents lead us to conclude that each of these bodies of rules answers to a different logic. Indeed, the functions of trademarks and patents are different and no overlapping seems to be allowed. This situation is particular to these two specific regimes. An examination of the area of the notion of functionality leads us to notice that other rights of intellectual property can coexist. For example, we believe that an intersection is possible between the regimes of industrial designs and trademarks. As a conclusion, we notice that the notion of functionality is a well established principle in Canada which tends to prevent any perpetual renewal of a patent under the trademarks regime. We believe that the existence of this concept is justified under trademarks and patents laws. However, this conclusion could differ within the framework of the other intellectual property rights, since these other rights' functions seem to allow an intersection between them.
Gentile, Susanna. "Le piratage des droits de propriété intellectuelle : une réelle nécessité pour les pays en développement." Thèse, 2009. http://hdl.handle.net/1866/7765.
Full text