1) Lack of registration at the National Trademarks and Designs Register.
Articles L513-3 and L714-7 of the Intellectual Property Code lay down the principle that any transfer or modification of rights linked to a trademark or to a design, as an assignment or a license, must be registered at the National Trademarks and Designs Register for being opposable to the third parties.
The law of Modernization of the Economy dated from 4th August, 2008 makes henceforth provision for a licensee of a trademark or a design being able to interfere with an action for infringement engaged by the holder of the right, this even in lack of registration of his licence, in order to obtain compensation of his own prejudice.
The registration of the licence remains nevertheless necessary if the action for infringement is engaged by the licensee and not by the holder of the right.
Additionally, the non registered acts are also opposable to the third parties which have acquired rights with the knowledge of the non registered act.
2) Exclusive jurisdiction of the Court of First Instance.
The law of Modernization of the Economy dated from 4th August, 2008 clarifies furthermore the jurisdiction of the courts in trademark and design matters.
Henceforth, any civil actions and applications relative to one of these rights are exclusively from the jurisdiction of the Courts of First Instance.