Dissertations / Theses on the topic 'Droits de propriété intellectuelle'
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Nisato, Valentina. "Le consommateur et les droits de propriété intellectuelle : analyse consumériste des principaux droits de propriété intellectuelle." Avignon, 2005. http://www.theses.fr/2005AVIG2028.
Full textThe evolution of international property rights in an era of economic globalization and the rise of new communication technologies leads, following the law of market economy, to its meeting with the consumer, a central figure in a legal system born to insure his protection but whose profile remains elusive. Moreover, from a formal point of view, intellectual property rights and consumer's rights ignore one another almost entirely. From this perspective it appears that only the consumer offers a pertinent criterion for comparison, since only this quality of being consumer is that ultimately matters in the market. The relationship between consumer and intellectual property rights can only be considered by means of functional analysis. The latter leads to the verification of the presence of the consumer in the midst of intellectual property rights (First part), before measuring the influence it exerts on intellectual property rights (Second part)
Laronze, Bertrand. "L'usufruit des droits de propriété intellectuelle." Nantes, 2005. http://www.theses.fr/2005NANT4018.
Full textUsufruct and intellectual property. . . The confrontation of these concepts gives birth to a feeling from suspicion. How usufruct, Roman parent institution, can be married with the intellectual property? And yet, this usufruct exists, attests of it, in particular, the fact that it is mentioned in the Code of the intellectual property. The question is thus less that of its existence that of its operation. One of the aims in view is to determine if the usufruct of the rights of intellectual property is a specific usufruct, with the image of the usufruct of the social rights, credits or goodwill. With the first access, certain indices seem to indicate that one is in the presence of a usufruct of a particular kind: thus, it appears to us that the usufruct applied to the intellectual property is not a dismemberment of property and that its object is not creation but the rights themselves. In the same way, the legal usufruct of the surviving spouse knows, in royalty, a partly derogatory mode with the common right and the constitution of a conventional usufruct must respect a certain formalism. However, this report must be moderate. The mode of the usufruct of intellectual property rights reveals, indeed, that the Civil code brings considerable solutions perfectly transposable to the intellectual property. Ultimately, if it is undeniable that the usufruct of intellectual property rights has certain specificities, it seems that those should not be exaggerated
Bouchet-Le, Mappian Émilie. "Propriété intellectuelle et droit de propriété en droits anglais, allemand et français." Nantes, 2009. http://archive.bu.univ-nantes.fr/pollux/show.action?id=8b1a9bbd-5153-43b9-8939-3f0e85de70fc.
Full textDoes intellectual property deserve its name Does it belong, in english, german and french law to the law of goods? A historical study of this question will show that the construction of the intellectual rights followed the model of the property. Not only did it raise the same political and dogmatic issues, but it also borrowed from the right of things many of its distinctive features. The analysis of the actual law will confirm and further investigate the common fundamental structure which caracterizes the right of property and the intellectual rights: immediate attribution of the thing, general exclusivity, exigibility erga omnes
Djedje, Pierre Claver. "La fiscalité des droits de propriété intellectuelle." Montpellier 1, 1997. http://www.theses.fr/1997MON10014.
Full textLe, Labourier-Fleury Le Gros Géraldine. "Le cumul de droits de propriété intellectuelle." Caen, 2007. http://www.theses.fr/2007CAEN0082.
Full textGudmundsson, Ragnar. "La justification économique des droits de propriété intellectuelle." Paris, Institut d'études politiques, 1998. http://www.theses.fr/1998IEPP0008.
Full textIntellectual property rights are generally considered as the best mechanism to encourage innovation and creation. Nevertheless, the monopoly power which they create can turn out to be excessive and lead to distortions detrimental to economic efficiency. The objective of this thesis is to show that a uniform and undifferentiated protection for all inventions and all creations is bound to harm the working of the economy, and that the protection considered by the world trade organisation following the Uruguay round agreement should be reduced. In its present form, the international regime for the protection of intellectual property rights is likely not only to slow technological progress and economic growth in developing countries, but also to hamper innovation and creation within those very countries where most of those who benefit from this protection come from. One of the chief beneficiaries from the protection granted by intellectual property rights, and by patents in particular, is the pharmaceutical industry. An in-depth analysis of this industry, where profit rates have been exceptionally high, shows that the protection it enjoys today is not justified in economic terms. A reduced protection, more difficult to obtain and which would include a price to those who benefit from it would also encourage innovators and creators to find market- oriented solutions which would enable them to protect themselves and to be rewarded without imposing the same costs linked to monopoly power and exclusion as patents and copyrights
Larère, Brigitte. "Le caractère exclusif des droits patrimoniaux en droit d'auteur et droits voisins." Paris 11, 2006. http://www.theses.fr/2006PA111010.
Full textLiotard, Isabelle. "Normalisation, droits de propriété intellectuelle et stratégies des firmes." Paris 13, 1999. http://www.theses.fr/1999PA131008.
Full textChabbouba, Moulay Abdellah. "La contrefaçon de propriété intellectuelle au Maroc." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10033/document.
Full textOur days, Counterfeiting of intellectual property is one of the most significant subject. Such a phenomenon touchs at present all countries and we wonder how can we preserve intellectual property in Morocco, in this era where counterfeiting can reach all intellectuals sectors. Contrary to French law which is quite advanced in this area, Moroccan law including Moroccan case law, inspired by French law are at the stage of babbling, in this regard, we have split our thesis in two parts .The first part focuses on the elements of infringement of intellectual property, as follows. After an introduction, the first chapter outlines the physical element of counterfeiting industrial matters and copyright and neighboring rights. The second chapter presents a moral element , the third chapter deals with the legal element (a law). In the second part, we have studied how to fight against counterfeiting of intellectual property, initially was treated prior determination of the facts of infringement (Chapter I), then the start of the procedure against counterfeiting (Chapter II) before dealing with measures against infringement of intellectual property rights (Chapter III)
Macrez, Franck. "Créations informatiques : Bouleversement des droits de propriété intellectuelle ?" Montpellier 1, 2007. http://www.theses.fr/2007MON1A007.
Full textThe influence of computer science on the intellectual property rights is undeniable. The impact is large; it needs a global evaluation of the rights and of the creations. "Droit d´auteur", patent, trademark are concerned with the emergence of creations such as softwares, multimedia works or domain names. It is important to evaluate this influence for law and consider the existence of a disruption of the intellectual property rights organisation. We note an extension of the intellectual property rights, and we evaluate its concrete consequences by a critical approach. This phenomenon´s consequence is a risk of various rights superposition; the way they are related must be examined. The methodology of the concept of legal system offers a general evaluation of the evolution of law. The intrinsic coherence of law constitutes a guiding line and points its own transformations
Bonnet, Philippe. "L'application du droit de la concurrence aux droits de propriété intellectuelle." Caen, 2006. http://www.theses.fr/2006CAEN0078.
Full textCastell, Brigitte. "Contribution à l'étude de la règle de "l'épuisement du droit intellectuel" en droits allemand, français et communautaire." Nancy 2, 1986. http://www.theses.fr/1986NAN20002.
Full text"exhaustion" in intellectual property law is merely the concept used to express a simple legal idea according to which the exclusive right to market a product covered by a prerogative of industrial, literary or artistic property does not carry with it the right to oppose distribution, once the product has been subject to a legitimate first marketing. The first part of this study analyses the two main legal techniques put forward in theory and national jurisprudence to justify "exhaustion": optinal "exhaustion" and automatic "exhaustion". Concrete problems arising from the application of the "exhaustion" rule are treated in the second part. The moment and place at which the exclusive marketing right is exhausted are identified
Cirino, Alizée. "Les droits des coauteurs." Thesis, Aix-Marseille, 2017. http://www.theses.fr/2017AIXM0579.
Full textThe thesis focuses on the ownership of plural works, and more specifically on the rights of co-authors of the same work. The co-activity results in sharing the moral and patrimonial rights that the law confers on the creator over his work. The exercise of these rights varies in time and space. The purpose of this work is, therefore, to study how the rights arising from literary and artistic property are distributed among co-authors, both in their relations and in those they can establish with third parties. It is part of a perspective that is not specifically national but that also makes room for history and comparative law. This thesis aims to study the rights of co-authors in regard to intellectual property. It relates more specifically to the distribution of these rights between co-authors, and between co-authors and third parties
Bochurberg, Lionel. "Les citations en propriété intellectuelle : étude de droit comparé." Paris 1, 1992. http://www.theses.fr/1992PA010296.
Full textA universal definition of the right of quotation in copyright and neighbouring rights may be elaborated through a comparative approach notwithstanding the many differences existing between the laws of various jurisdictions. In American and English law, the right of quotation is included in the defense of fair use or fair dealing. This definition is composed of three elements : - the purpose of the quotation - the materiality of the quotation - the acknowledgment of the use. These three elements are widely accepted by all laws. However, the following other elements remain different depending on the legislation of each country : - the nature of the work, the use of this factor in the united states tends (1) to the acceptation of quotations of unpublished works whereas they are forbidden in most countries and (2) to the ruling that a copying is more acceptable with factual works than creative works - the right of quatation applicable to literary works becomes more controversial with artistic, musical and audiovisual works - the nature of the damage, the economic effect of the quotations on the market of the work used and or infringement of the moral rights are not dealt with by all laws in the same way
Maréchal, Camille. "L'évolution des droits de propriété intellectuelle sous l'effet du droit de la concurrence." Paris 2, 2007. http://www.theses.fr/2007PA020057.
Full textCohen-Héliot, Inbal. "Les droits de propriété intellectuelle à l'épreuve des procédures collectives." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1096.
Full textBankruptcy proceedings law is a branch of law that combines different legal disciplines that as different as hardly compatible with each other. More often than not, the initiation of collective proceedings affects intellectual property rights which represent a significant part of the assets of companies whatever the sector and whatever the undertakings irrespective of the sector concerned and whatever the intellectual property in question. This period gives rise to multiple conflicts of interest insofar as the opposing views reflect the difficulties related to the overlap between the mechanisms that are specific to intellectual property rights and those that are specific to Bankruptcy proceedings law. Bankruptcy law turns out to be "complex" insofar finding out a balance is not easy and reflects in a "difficult cohabitation". The analysis of the interactions between bankruptcy law and intellectual property rights helped avoiding the entanglement that resulted from border disputes between these two legal disciplines
Butr-Indr, Bhumindr. "La contrefaçon des droits de propriété intellectuelle : étude comparative en droits français et thaïlandais." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020031/document.
Full textCounterfeiting is an international problem. It appears that the main countries of origin of counterfeit goods seized in the European Union are the Asian countries, including Thailand. The research explains concisely the entire key factors to this whole problem. The research is divided into two parts; in the first place, I will outline pointly the definition of Intellectual Property Rights law (IPRs law) infringement between French and Thailand. Firstly, we focus on the structure of IPRs infringement. The term "counterfeit" in himself both in France and Thailand indicating different forms of an intellectual property rights liability conception. To identify violations constitute infringements, including the material element, we focus on four points, the existence of the creation, dissemination of the creation, use of creation, participation in the infringing action . With regard to the intentional element of infringement, iconcerned the intention of counterfeiter by the civil and criminal aspects as well as the objectives of my research would analysis on two components. First, the application of substantive issues embodies in the civil action. The second is the criminal action. The intention of counterfeiter are also intersect into two parts of action. The secondly,, we research to the proof of infringement. There provides two measures of proof in civil matters and evidence incriminal matters. In addition, there are a customs procedures as an alternative measure of proof . In the second place, we mainly concerned the IPRs law enforcement: Firstly we concerns the penalties imposed by criminal courts. We have already studied the criminal proceedings. In addition, we studied the penaltiesfor counterfeiting. We find that the criminal proceedings in Thailand is totally different from the criminal proceedings in France. In addition, we studied the penalization of IPRs law. We find that the situation in Thailand is totally different from a France, especially in criminal jurisprudence. It seems that the majority of decisions are the penalties imposed by criminal courts. Secondly were search about categories of damages and criteria for proof of damages. We find that the damages, in France as well as in Thailand, is the recovery of profit. Also the difficulty of assessing the damage, in France as well as in Thailand, are the damage of Trademark law, moral right damage and punitive damage
Matip, Nicole Florence. "L'organisation africaine de la propriété intellectuelle et l'accord relatif aux aspects de droits de propriété intellectuelle qui touchent au commerce." Lyon 3, 2006. http://www.theses.fr/2006LYO33044.
Full textThe trade of Bangui us the national law of sixteen OAPI members : Bénin, Burkina Faso, Cameroun, Congo, Côte d'Ivoire, Gabon, Guinée, Guinée Bissau, Guinée équatoriale, Mali, Mauritanie, Niger, République centrafricaine, Sénégal, Tchad, Togo. In 1977, the trade of Bangui was not conform that's trip. Reset the trade of Bangui was revisited in 1999. Now the importation is assimiled at local exploitation
Hennequin-Marc, Lucile. "La propriété intellectuelle des personnes publiques." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020052/document.
Full textIntellectual Property (IP) is enough polymorphic to be applied to both private individuals and publicentities (understood as the State, administrative districts having legal personality, and public institutions). This is not about denying the specificity of public entities, who are entrusted with particular prerogatives, and subjected to specific rules because of their identity and the nature of their missions. The purpose of our study is to demonstrate that IP submits both public entities and private individuals to a common legal system, which is set to meet the requirements inherent to public entities. Thus, public entities have expanded powers over private individuals, through acquisition and exploitation of their intellectual assets. This is the expression, in IP, of the specific prerogatives thatpublic entities enjoy as part of their missions. However, public entities are also subjected to strengthened bonds, which are the result of general obligations placed upon them, such as the protection of public assets. Finally, the emergence of new dynamics related to IP such as open data represents a major evolution of this science that public entities must understand to adapt to new challenges of public IP
Santos, David Pina Antunes Dos. "Propriété intellectuelle et droit communautaire." Paris 2, 2002. http://www.theses.fr/2002PA020133.
Full textOliva, Sandrine Cécile. "Le médicament générique : aspects de propriété intellectuelle." Aix-Marseille 3, 2010. http://www.theses.fr/2010AIX32060.
Full textThe aim of this LlD (Doctorate of Laws) is to determine, how competent authorities have adapted the rights of intellectual ownership to requirements of the development of generic medicine with regard to its health and economic stake. The study of the implementation of patent law shows that, although the efforts of the legislator, the measures infringing this right and regulating its implementation have not managed to prevent the strategies of innovative laboratories aiming to limit or forbid the access to market of generic medicines. On the other hand, as far as the study of brand law is concerned, it could be noted that for nearly ten years, the neutralisation of the right to benefit generic medicine, was justified owing to the inability of generic laboratories to compete the promotional potency of the innovative laboratories, and to withdraw the benefit of this right. However, nowadays, the market of generic medicine is growing. Consequently, some new types of generic laboratories have means to promote their own brand. In the interest of the development of the generic medicine, this LlD subsequently offers, the re-establishment of brand common law
Chatry, Sylvain. "Le concours de droits de propriété intellectuelle : essai d'une théorie générale." Nantes, 2011. http://www.theses.fr/2011NANT4010.
Full textThe overlap between intellectual property rights has become a usual situation because intellectual property objects split and because contemporary creations are so complex. Nevertheless, the French intellectual property Code ignores this situation by asserting a theorical principle of independence of protections which is turned upside down in practice : the different objects are frequently dependent from each other, even to the point of merging. If the existence of this overlap seems legitimate, its exercising raises many conflicts that must be supervised in order to achieve a normal exploitation of the creation. Firstly, regarding the objects and the owners of the rights, the systematization of the overlap contributes to bring together the situations in order to link the rights with the same rules. So, the cumulation of rights on the same object is different from the coexistence of rights on distinct objects. Likewise, the rights may be owned by an only owner or by different owners. Secondly, the identification of conflicts incites us to think of their resolution, either individually or by having one of the overlapping rights prevail. Preventing conflicts also enables to limit them by supervising the rights' ownership or by trying to neutralize the exercice of some rights. In this study, the unity of intellectual property is inevitably at stake : this unity proves to be, at the same time, the condition and the achievement of a pacified overlap between rights
Maherzi, Zahar Teja. "Droits de propriété intellectuelle, Cloud Computing et e-performances des entreprises." Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0009/document.
Full textThe objective of this thesis is to analyze in what way the use of cloud computing (CC) presented as a new form of intellectual property right (IPR), can modify the intensity and use of information and communication technology (ICT) within companies. Among the innovative results of this thesis, three ‘aspects’ will be mentioned as follows: In the first place and since the firms are looking for innovation, the adoption of cloud computing depends on the technological absorptive capacity as we have redefined it, built on the accumulation of knowledge and processes related to the management of innovations and technologies allows an easier integration of the new technologies in the plan of the company’ functioning. Secondly, the digital skills are fundamental in the decision of adoption in order to insert the cloud computing in the continuity of former technologies, to manage the perception of the complexity of this technology and the associated risks. Finally, the distribution of the cloud computing depends largely on the consumers perception of this new technology. The more the consumers trust the security of the cloud computing, the more the competition among the companies allows to the competition in prices. The perceptions of the consumers about the security of the cloud computing have an impact on the competition for both price and quality among the firms (service providers) and determine the level of the distribution. These perceptions play an important role
Johnson-Ansah, Ampah. "L'épuisement des droits de propriété industrielle dans l'espace OAPI (Organisation Africaine de la Propriété Intellectuelle)." Phd thesis, Université de Strasbourg, 2013. http://tel.archives-ouvertes.fr/tel-01061170.
Full textNguyen, Thai Cuong. "L'accès aux médicaments et les droits de propriété intellectuelle (comparaison en droit français et droit vietnamien)." Thesis, Toulouse 1, 2016. http://www.theses.fr/2016TOU10011/document.
Full textAccess to medication plays a dual role in the balance of interests between the monopoly created by intellectual property law and the protection of public health. Intellectual property law contributes three mechanisms to support access to medication: compulsory license, parallel importation and generic drugs. Furthermore, competition law grants another supplementary method to insure access to medication by insuring a fair competition. However, these mechanisms were not enough to guarantee equitable access to medication because developing countries have met other obstacles in multi laterals agreements. Access to medication has to be reformed in light of the bias presented by intellectual property law
Olivier, Salomon. "Interprétation artistique et propriété intellectuelle. Essai d'une théorie de voisinage des droits exclusifs au sein de la propriété littéraire et artistique." Thesis, Poitiers, 2021. http://www.theses.fr/2021POIT3003.
Full textFrom its inception, the category of neighboring rights is heterogeneous. It encompasses disparate objects relegated of the realm of copyright. If neighboring rights share the exclusive character, they differ in everything else. The right of the performer is a bifunctional intangible property (in French law) on the performance (to be understood as the creative form not as a simple work/labor); by contrast, economic neighboring rights have the nature of monopoly granted to certain investors in the field of cultural production. A series of confusions has caused the property of the performer to weaken. However, the notion of “neighboring rights”, which only describes a legal relationship with copyright, does not express the nature of these exclusive rights. Thus, our theory of the “neighborhood of exclusive rights” within literary and artistic property proposes another paradigm respecting the secular fundamental principles of personalist literary and artistic property in France, namely the distinction between creation and work and between property and monopoly. According to our proposition, there is an essential hierarchy between the properties of creators (authors and performers) and the monopolies of investors; on the other hand, between properties of creators, the relationship is egalitarian
Colin, Caroline. "Vers un "droit d'utilisation" des œuvres ?" Paris 11, 2008. http://www.theses.fr/2008PA111026.
Full textMaillard, Thierry. "La Réception des mesures techniques de protection et d'information en droit français." Paris 11, 2009. http://www.theses.fr/2009PA111008.
Full textGorea, Raruca. "Les origines du droit d'auteur dans le conflit pour la réallocation des ressources informationnelles." Rennes 1, 2007. http://www.theses.fr/2007REN1G015.
Full textThe allotment of informational resources is one of the most controversial issues of the new millennium. These resources are vital for the Information Society and they consist of intangible goods such as software and creative works. The New Economy is driven by know how, creativity and intellectual labour. Thus copyright law represents a regulatory frame for dynamic markets and global data communication. At the same time, its contenders argue that copyright is obsolete and ineffective. In order to assess the likelihood of its adjusting to the digital environment, we have to reconsider the founding principles of copyright law and put forward its key players. Therefore, in the first place, our research takes into account the philosophical origins of the author’s right, particularly the evolution of the creative individual from Ancient Greece to the digital age. A particular emphasis has been put on the fact that copyright law may be associated with other regulatory patterns if the characteristics and the diversity of informational resources are taken into account when deciding on the appropriate licence for a certain type of intangible work. Natural law theories and the moral dimension of copyright allowed us to single out the key players of the accomplished act of creation : the Author and the Reader or Lector. Nowadays, the author seems to leave the public stage and he is replaced by celebrities and businessmen. Likewise, the consumer takes the place of the reader viewed as a mere demand agent on the market. It follows that copyright is often misappropriated and diverted from its legitimate ends. While digital right advocates clash with free riders, copyright’s fate relies on the reaffirmed identity of the author and the reader seeing that their aesthetic and intellectual bond constitutes the very essence of human communication and guarantees social progress
Duchene, Anne. "Droits de propriété intellectuelle et nouvelles technologies : trois perspectives sur la nouvelle donne." Phd thesis, Ecole des Ponts ParisTech, 2004. http://pastel.archives-ouvertes.fr/pastel-00001356.
Full textAmador, Zambrano German. "Savoirs traditionnels et propriété intellectuelle." Nantes, 2012. http://www.theses.fr/2012NANT4012.
Full textRight when we were taking notice of the erosion of biodiversity, the Convention on Biological Diversity recognized in 1992 the importance of traditional knowledge of indigenous and local people. In parallel, the development of biotechnological industries in the northern countries, which own the technology, and their interest in the biological resources of southern countries, which enjoy the widest biodiversity, crystallised these conflicts, each side hoping to appropriate what the other possesses. Biopiracy developed and with it the controversial question of intellectual property. If the right to intellectual property allows the patentability of innovations stemming from the living world, we must also recognise the rights of those who conserved biological diversity. But the question proves complex when we acknowledge that not only the philosophy behind the system of intellectual property is especially focused on human development through technoscientific progress, but also that traditional knowledge is perceived as a pale reflection of scientific knowledge. There is also the fact that in traditional societies, the fundamental concept of property is quite simply non-existent. The treatment of this question is made particularly difficult by the multitude of actors involved, as well as the legal and political problems faced by the competent international bodies, caused by the entanglement of the various international instruments that deal with biodiversity, traditional knowledge, and intellectual property
Rikabi, Mouaz. "Les droits de la propriété intellectuelle et l'intérêt général : approche en droit d’auteur et en droit des brevets." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0019.
Full textThe evolution of the industrial economy towards the economy of knowledge has propelled intellectual property to the forefront. Intellectual property has become integrated in all the domains of the modern life. As a result, it has become a necessity to protect it effectively through appropriate legal rules that encourage creators to continue to provide new creations. However, the specificity of the nature of the work protected by intellectual property requires the consideration of multiple conflicting interests. As such, the legislator has sought, in the name of the general interest, to create a fair internal balance between the main interests present within the system of intellectual property rights. Nevertheless, the exercise of the prerogatives granted by the intellectual property system, carried out by the owner of intellectual property, has caused an important expansion of the interests of this owner, to the detriment of other concurrent interests. This has consequently caused a break in the internal balance of the system, instigated by the legislator. Nonetheless, the general interest can play a key role in restoring balance through the application of external rules to the intellectual property regime. In this perspective, the judge can, by using his creative power of jurisprudence, use the general interest as a guideline to restore balance in the intellectual property system. The general interest justifies thus, as well as the intrinsic limits to intellectual property rights, the extrinsic limits to these rights
Puttemans, Andrée. "La protection des droits intellectuels par l'action en concurrence déloyale." Doctoral thesis, Universite Libre de Bruxelles, 1999. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211952.
Full textScherenberg, Abello Alexandra. "La licence de droits de propriété intellectuelle, fondement d’une circulation organisée des biens." Paris 9, 2006. https://portail.bu.dauphine.fr/fileviewer/index.php?doc=2006PA090079.
Full textThe subject leads to a wonder about the legitimity of intellectual property rights in comparison with the principle of circulation, defined as the potential transfer of objects, of which one aspect at least is protected by an intellectual property right. The licence is a mode of transfer of the goods; therefore it is a vector of circulation. But it is more than that, because what it emphasizes is the availability of the good and not it’s appropriation. It is thus the base of a conception of intellectual property rights based on circulation. Consequently, the licence appears as a mechanism of regulation allowing the circulation of the goods. The relationship created by the licence agreement contribute to this objective of circulation because the licence is not only the suitable mode of exploitation of intellectual property’s multiple character but also the means of satisfying the licensor and the licensee multiple interests
Gallego, Albert. "L'appréhension de la forme artistique par le droit : le dessin ou modèle confronté à d'autres droits de propriété intellectuelle en France et en Espagne." Montpellier 1, 2004. http://www.theses.fr/2004MON10043.
Full textFaure, Yves. "Le contentieux de la contrefaçon : la réponse du droit français à l'atteinte aux droits de la propriété intellectuelle." Thesis, Toulouse 1, 2014. http://www.theses.fr/2014TOU10068/document.
Full textThe intellectual property laws are a legal domain knowing a constant expansion, because it is the one creations and innovations stemming from the genius of the spirit of the Man, allowing then to assure the protection and to collect fruits. This one is then logically the object of numerous potentially essential attacks of acts of forgery.The research work then attempted to make a panorama of the dispute of the forgery at the national level. The stake was to deal with all the materials of the intellectual property and with the various ways to handle disputes relative to infringements undergone by these rights. The originality of such a dispute so is to allow an approach both by the civil way, and by the penal way, while not neglecting the possibility of resorting to the transaction and to the arbitration. It is thus a global study of the action in forgery which was made here, by approaching the problem in a chronological way. The subject of the precontentious phase was quite particularly exposed where the constitution of the proof is determining of the future of the trial.The subject attempted furthermore to consider in the various phases of this dispute the efficiency of the answer offered by the right to such a dispute. The development of this last one can only be increasing towards the multiplication of the protected objects and the importance of the stakes. This research work thus offers a vision of the whole dispute of the forgery, where the problem of the procedural efficiency is fundamental
Guichardaz, Rémy. "Propriété Intellectuelle et justice sociale : genèse, analyse et expérimentation." Thesis, Strasbourg, 2018. http://www.theses.fr/2018STRAB008.
Full textIntellectual property rights can be justified in two opposite ways: according to the utilitarian theory, the intellectual property is justified if, and only if, it increases the total well-being of the society. By contrast, the deontological justification of the intellectual property contends that individuals have a natural right over the output of their labor. This thesis aims to move beyond this debate in reconciling the deontological approach with the utilitarian approach in the light of a dichotomy introduced by Rawls between liberalism of freedom and liberalism of happiness. This thesis examine in what extent the intellectual property can be considered as a fundamental right protected by the liberalism of freedom while integrating the objectives of the liberalism of happiness. The results of the thesis show that the reconciliation is built mainly around a French legal-based distinction between the economics rights and the moral rights of the intellectual property. By contrast to moral rights, the thesis shows that these economic rights must be justified by a similar, but not identical, perspective to the one endorsed by utilitarianism
Viard, Claire-Marie. "Accès aux médicaments et propriété intellectuelle." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20029.
Full textAccess, property, medicine. How is access and ownership linked to something as specific as medicine? This was our initial question. Opposing intellectual property and access can be surprising. Doesn't intellectual property organize exclusivity in sharing? Why then invoke access to an appropriate good? Answering these questions has led us to take an interest in the foundations of industrial property and to study its scope. The report was clear: intellectual property law has expanded considerably. Long rejected from the patentable field, the drug illustrates this movement. Under such conditions, it is not surprising to see access emerging. The extension of the rights of one responds to the right of access of the other. It is therefore first of all a confrontation that characterizes the relationship between intellectual property and access to medicines. Could we stick to this observation of a confrontation of logic? The coherence of the legal system required the search for articulation mechanisms. Finding a combination is a necessity. The mechanisms offered by industrial property law needed to be studied. Their exceptional characteristics remain insufficient. So we try to propose structural mechanisms
Mankou-Nguila, Armand Charlebois. "Analyse de la protection de la propriété intellectuelle en droit communautaire : état des lieux." Toulouse 1, 2008. http://www.theses.fr/2008TOU10071.
Full textBeyond notional analysis and the property/intellectual property rapport, this Dissertation will adress the issue of the relationship between Community Law and protection of intellectual property. The logic behind Community Law is one of free movement and free competition. Consequently, it requires that the general interest be taken into account. Clearly, this logic runs counter to the protection of intellectual property rights. There lies the juxtaposition of two different - indeed opposing - types of logic. The analysis of jurisprudence shows that such contradiction often results in the prioritization of interests by the Court. Such prioritization implies the primacy of community interest in free movement and free competition, to the detriment of intellectual property rights. Indeed, from the perspective of Community Law, intellectual property rights may appear as the very negation of the principle of free movement and free competition. Since the protection of rights falls under the seal of national legislation, it is plausible to fear a distortion of competition at the community level. The Dissertation seeks to analyze the quest for rules of "peaceful" coexistence between the community logic and the mechanism for the protection of intellectual property. The law aside, the issue of rights protection raises a serious economic problem. In effect, at a period of movement towards Globalization Law, it is imperative to harmonize community protection, even as the question arises to the advisability of protection at the international level
Benabou, Valérie-Laure. "Droit d'auteur, droits voisins et droit communautaire." Paris 2, 1996. http://www.theses.fr/1996PA020100.
Full textThough copyright is not part, a priori, of the european community competences field, the community law yet takes in consideration the legal protection of creation. This phenomenom is divided into two complementary directions. It has first consisted in a try to conciliate national legislations about copyright and neighbouring rights with the principles of the rome treaty to ease the realization of an internal market. This approach has reveales its inadequacy, which explains why the community has next iniated an harmonization process, trying to organize a european regime for copyright. Only such an evolution is able to assure an appropriate level of protection for creation and authors inside and outside the community. This concern is not yet achieved. The european community, led by the necessity principle, is intervening step by step in this area. But the tangle of the questions always requires new adjustements, becoming particularly imperious at the time of technical revolutions. Copyright in the european community is coming up
KANG, CHUL GOO. "Propriété intellectuelle et nouvelles technologies de l'information dans le droit de l'Union européenne et dans le contexte international." Paris 12, 1996. http://www.theses.fr/1996PA122006.
Full textNgorn, 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
Tébili, Zézé Odette. "Les marques de l'Organisation Africaine de la Propriété Intellectuelle (OAPI) : étude comparée des droits français, communautaire, africain." Toulouse 1, 2007. http://www.theses.fr/2007TOU10059.
Full textPemzec, Audrey. "La contrefaçon en ligne : le traitement judiciaire des atteintes aux droits de propriété intellectuelle." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0095.
Full textThe meeting between property, protected by property rights an the internet has not been easy. Omnipresent, intangible and anonymity are so many of the particularities of the internet that jeopardize the privilege of the owners of intellectual property rights. In this context the identification of uses covere by an intellectual property right is a key issue in determining the scope of online counterfeiting. In this digital environment, the scope of intellectual property rights can be revealed by studying the mass of infringements they are subjected to. The above analysis is unbiased. This undeniably results in a limitation of the scope of exclusive rights in the digital environment. In addition, the protection of intellectual property rights is also weakened when dealing with cyber-counterfeiting. In this field, the intervention of private international law is frequent since when the infringements of intellectual property rights begin having an element of foreignness. However, the territorial attachment criteria provided by the conflict’s rule make it difficult to determine the competent jurisdiction in a partially or totally dematerialized legal dispute. The responsibility of Internet protagonists also has many weaknesses promoting the dissemination of any type of information
Ruzek, Vincent. "Communautarisation et mondialisation du droit de la propriété intellectuelle." Thesis, Rennes 1, 2014. http://www.theses.fr/2014REN1G009.
Full textThe internationalization of IP Law, initiated at the end of the 19th century, has taken since the end of the 20th century a brand new twist with its inclusion in the field of multilateral trade disciplines. The signing of the TRIPS agreement marks the emergence of a global IP governance. Indeed, the ambition displayed by the WTO is to supervise the margin of maneuver of its Members in implementing their policies. Although Communitization of IP law started much later, it now has a considerable scope: national protection regimes have been conciliated with the cardinal principles of the Treaty, some important harmonization directives have been enacted, and various European titles of protection have even been created. Our study is designed to show how Communitization, beyond its traditional role of source of law, officiates as a necessary and efficient vector for structuring the European position towards the Globalization of IP Law. In its ascendant side first -- from Local to Global, the Communitization vector plays a role of merging the objectives to be promoted on the international scene. The issue at stake is to shape an IP global framework that corresponds to the system of interests and values of the EU, in accordance with the far-reaching objectives assigned by the Treaty. This merging process is, however, not automatic. In spite of several amendments to the Treaty and of the progress of internal harmonization, various institutional constraints thwart the emergence of a fully integrated external European policy in the field of IP. But it is precisely in light of these constraints that the scope of the achievements of the EU, which in now recognized as a central actor in the global IP governance, must be appreciated. In its down side then -- from Global to Local, the Communitization vector is accompanied by a rise of the European Court of Justice in arbitrating complex normative interactions between national, EU and International IP Laws. A systematic analysis of the resolution by the ECJ of these normative interactions reveals its determination to safeguard the autonomy of the EU legal order, by arranging for significant discretion in implementing international commitments. This margin of appreciation is used to defend an original European model under construction, taking advantage of the flexibilities of the global normative framework
Lucas, Mathilde. "Propriété intellectuelle : vers un nouveau droit du créateur." Thesis, Toulouse 1, 2020. http://www.theses.fr/2020TOU10034.
Full textThe intellectual property is going through a legitimacy crisis as never before. It occurs in a context of technological revolution that leads towards mounting piracy. It is justified by the distortion of the protection criteria and is explained by the evolution of mentalities and uses of the public. Finally, it is increasing in the face of the growing sense of impoverishment of creators. The confrontation between the interests of the public, creators and operators is at the heart of heated societal debates. Intellectual property law regimes incorporate common social functions. They support the same objectives. But a very clear split can be observed between the highly personalized approach of « droit d’auteur » and the highly interest-based approach of industrial property. The justifications for these differences may be called into question, particularly in view of the extreme porosity of the two areas of intellectual property. Moreover, the legislator has a tendency to insert within the matter some related rights, detached from any idea of creation. As a result, intellectual property shows a loss of meaning. The right of intellectual property must find a balance. It must also regain coherence to establish its authority. Therefore, it is necessary to draw an inventory of intellectual property laws in order to consider the rationalization prospects which are available in this area
Wathelet, Joachim. "La loyauté en droit de la propriété intellectuelle." Thesis, Aix-Marseille, 2016. http://www.theses.fr/2016AIXM1038.
Full textLoyalty has an important place in our law that can no longer be ignored. References to loyalty have continuously increased in all areas of the law. In intellectual property law, other corrective mechanisms such as fraud or abuse have taken centre-stage so far. But loyalty cannot be reduced to the absence of abuse or fraud. It is an autonomous concept with its own criteria and functions. The aim of this study is thus to demonstrate that loyalty, in its different forms, surrounds the entirety of intellectual property law and is used to resolve current issues in this subject. Stemming from various legal instruments, the duty of loyalty serves intellectual property law. On one hand, the duty of loyalty strengthens the protection of right-holders. It complements the monopoly of exploitation, conditions its limitations and imposes a duty of cooperation on some contract partners or on internet platforms. On the other hand, the duty of loyalty frames intellectual property rights. It regulates the exercising of intellectual property rights so that it unfolds within fair boundaries and takes account of the interests of contractors, competitors, and even alleged infringers. By applying intellectual property law in an effective, reasonable and balanced manner, the duty of loyalty contributes to the legitimacy of this law. It acts as a response to certain critics that oppose intellectual property law and and to fight against what is sometimes claimed to be the decline of this subject
Szkopinski, Anaïs. "Droit de la propriété intellectuelle et matière pénale." Thesis, Université Paris-Saclay (ComUE), 2018. http://www.theses.fr/2018SACLV078.
Full textThe intellectual property rights, which are confronted with massive, lucrative infringements, are protected by several networks of repressive norms that constitute criminal matters. Penal law, a traditional body of law for the protection of the other forms of law, constitute the first network. It is composed of criminal law rules, both substantive and procedural, which are specific to intellectual property law, and certain property offences from Book III of the French Penal Code. These norms encounter several obstacles. This criminal law applied to intellectual property has difficulty grasping the massive or cross-border nature of infringements. Although offences under the French Penal Code may occur in the punitive legal vacuum left by this body of law, their adaptation to non-rival intangible assets upsets balances. On the one hand, this adaptation is effected by applying them to information without taking account of their appropriable nature, thereby weakening the benefits of intellectual property law. On the other hand, these offences compete with offences that are specific to intellectual property law. Penal law, which is ineffective, has also been subject to the judicial decriminalization of intellectual property law. Overlooking the pressing need to reform such criminal law applied to intellectual property, legislators have created new repressive networks. Whereas repressive administrative law, as implemented by HADOPI, could offer a relevant alternative to the massification of infringements of copyright and related rights on the Internet, allowing judges exercising criminal jurisdiction to impose sanctions has diminished its appeal. In the light of the ECHR’s case-law, repressive civil law forms a rival network to penal law, but its ineffectiveness with regard to intellectual property law and its systemic effects force us to reflect on the purpose for the boundary between civil and criminal liability. Criminal matters, which stem from the expansion of judicial repression, are thus comprised of criminal norms, of which only those of the French Penal Code appear effective, of administrative law with an altered repressive function, and of ineffective repressive civil law. Since the protection of a weakened right turned out to be defective, it must be restructured. Consistency can be achieved by organizing it around property law which is the origin of intellectual property law. Using this approach, creating penal law applied to property could offer effective protection for intellectual property rights, supplemented by specific repressive norms
Verville, Sophie. "Le respect de la propriété intellectuelle d'autrui dans la vente internationale de marchandises : une approche de la Convention de Vienne coordonnée avec le droit de la propriété intellectuelle." Thesis, Université Laval, 2012. http://www.theses.ulaval.ca/2012/29104/29104.pdf.
Full textHumblot, Benoît. "Etude du droit des marques au regard de la linguistique." Montpellier 1, 2000. http://www.theses.fr/2000MON10013.
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