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