Etats-Unis : exemple d'application en droit d'auteur de la doctrine équitable - RDE nº 07-185
Auteur | Legal News |
Une communauté avait été attaquée en justice par une société d'architectes pour avoir construit un immeuble dont la forme contrefaisait l'une de ses oeuvres architecturales. La société a été déboutée en première instance. Ainsi, bien qu'ayant intenté son action dans le délai de 3 ans de la prescription légale, les juges ont estimé que la plaignante avait trop tardé à porter plainte après avoir eu connaissance de la construction, portant préjudice à la communauté. Une décision contredite en appel, les juges faisant prévaloir le délai de la prescription légale sur la doctrine de "laches" dans la mesure où la plaignante demandait une...
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Les abonnés peuvent voir les versions révisées de la législation avec des modifications
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