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les Nouvelles - March 2009


IP-Related Aspects Of The French Law On Modernization Of The Economy

Didier Intes

Cabinet Beau de Loménie, Partner, Paris, France

The Law on Modernization of the Economy (LME) was published on August 4, 2008 under N° 2008-776. This Law comprises four chapters, respectively aimed at promoting the development of small and medium-sized enterprises, enhancing competition, increasing the appeal of the French economy, and improving financing.

The third chapter, relating to competition enhancement, also addresses innovation and, consequently, the protection of IP rights.

The first objective of the LME is to enter stipulations analogous to those of the EPC 2000 into the French law on patents, regarding:
• the second therapeutic application;
• the limitation procedure;
• the filing requirements (also in view of the Patent Law Treaty);
• restoration of priority rights;
• the possibility of filing a patent application in any language.

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