Arbitrage international : l'étendue de l'arbitrabilité des litiges en matière de brevet d'invention
Auteur | Legal News |
L'arrêt de la cour d'appel de Paris du 28 février 2008 confirme implicitement le principe selon lequel les questions touchant à la validité des brevets et à leur opposabilité aux tiers échappent à l'arbitrage. Il réaffirme également que les litiges portant sur des contrats relatifs à l'exploitation des brevets, qu'il s'agisse d'interprétation ou d'exécution du contrat sont arbitrables. Qu'en est-il alors, lorsqu'un litige touchant à la validité d'un brevet est débattu de manière incidente à l'occasion d'un litige de nature contractuelle ?
Ce litige annexe peut-il être soumis à l'arbitrage ? La cour d'appel de Paris a répondu par l'affirmative retenant que « l'invalidité éventuellement constatée n'a, pas plus que s'il...
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