Droit
The law governing a contract
can freely he chosen by the parties
is imposed by the Rome I Regulation in the absence of choice by rhe parties
A contract
exists as soon as ther is an agreement of will
A contract
needs to be performed (executed) by the parties in good faith
needs not to be performed (executed) in case of force majeure
If a party to a contract fails to perform (execute) an obligation, the other party
can request compelled performance of the obligation when proportionate and possible
can always request damages
For resolution of disputes, in usual commercial matters, the parties to an agreement
may decide which court will have jurisdiction
maybdecide to have disputes heard by one or more arbitrators
Nullity of a contract
can only be requested by ine party during a certain period of time
can be requested by a party who didi not validly agree to the contract
Non contractual liability
imposes damages to be repaired by the author of a fault, when damages are caused by the fault
may exist in certain cases even in the absence of a fault
Contractual liability
imposes damages to he repaired by the party breaching the contract, when damages are caused by the breach
only created an obligation to repair foreseeable damages
can be limited by contractual provisions on damages
Damages under non contractual liability
no answer is correct
Under the rules of civil liability
only damages that are direct and certain can be repaired
the loss of a chance can be repaired
In a contract, the parties can decide
to limit damages to a maximum amount of money
to provide penalty clauses if certain obligations are not performed (executed) in due time
to provide that the contract is terminated if certain obligations are not performed (executed) in due time
Evidence of the damage
must be provided by the party who is seeking repair
When damages are caused not only by a fault of a third party but also by a fault of the victim
damages may be mitigated, depending on the circumstances
In legal proceedings
reimbursement of attorney fees depends on equity
the court may decide to order reimbursement of part or all attorney fees of the winning party
Non cumulation means that
the victim must seek repair under contractual liability rules if there is a breach to a contract
the victim must seek repair under contractual liability rules if the damage is caused by both a contractual breach and a non contractual fault
A contract is only binding on a company
when the consent of the company is given according to the laws governing the company
A non disclosure agreement between companies A and B
can protect information given by one or both of the companies depending on the terms of the agreement
In France, unfair competition
prohibits creating a risk of confusion with products offered by a competitor
may prohibits copy, even if there is no risk of confusion
Sending a letter to the clients of a competitor, for informing the clients that the products of a competitor are infringing intellectual property rights (IPRs)
may be an act of unfair competition, depending on the place from which the letter is sent
may be an act of unfair competition, depending on the place where the client is residing
If a company A sells to a company B a product, which is a clear copy of the product of a company C
company A may be condemned to pay damages to company C
company B may be condemned to pay damages to company C
company A may need to reimburse company B, if company B is condemned to pay damages to company C
A non disclosure agreement protects
information covered by the relevant definition according to the terms of the agreement
In France, parasitism
is form of unfair competition
can result in damages
can result in an injunction prohibiting manufacturing and selling copied products
Sending a letter to the clients of a competitor, for informing the clients you have just started infringement proceedings in the French court
is an act of unfair competition under French law
An Intellectual Property right (patent, trademark, design) gives its owner
the right to forbid the use of the protected object
What is the maximum possible protection duration fot a French or European patent on a farm machine
20 years from the filing date
A European patent application (not claiming any prorities) is published
18 months after its filling date
You can know about the European patent application of a competitor
18 months after its filling date
An invention can be protected by a patent in Europe
as long as it has not be disclosed
Inventor A developps in France a new technical proxess that he does not disclose. 3 months later, Inventor B discovers the same technical process. Independantly from Inventor A, and files a patent application in Europe. Can A's Invention jeopardize B's patent application?
no
Once granted, a European patent is valid in all the countries of European Patent Convention without any formality
wrong
The so called PCT procedure allows to be granted an international patent
wrong
To be valid a patent application
has to be filed before the first disclosure
A French patent with a method claim allows its owner
to forbid third parties to import in France products directly obtained by the protected method