COUNTRY Q&A

Intellectual property clause (employment) Q&A: France by Marie Fillon and Louis de Chezelles, Dechert (Paris) LLP

Status: Law stated as at 30-Jun-2020 | Jurisdiction: France

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France specific information concerning the key legal and commercial issues to be considered when drafting an IP clause for use in the terms of employment between the employer and employee. See Standard clause, Intellectual Property clause (employment): International, with country specific drafting notes and Standard document, Terms of employment: International. This Q&A provides country-specific commentary and forms part of Cross-border employment.

IP clause Owner of invention created by employee in course of employment 1. Is a clause such as Standard clause, Ownership of an invention will depend on the scenario Intellectual property clause (employment): into which it fits: International included in the terms of employment between employers and • If the invention is created by an employee in the course of their employment and in connection with employees in your jurisdiction where the the inventive task that was entrusted to them in view employer wants to protect any IP created of the functions defined in their terms of employment by an employee? (“inventions under mission”), the employer is the owner of the invention. The French Intellectual Property Code stipulates a • If the invention is created by an employee in set of legal principles (some of them of public policy, the course of their employment but outside the which means that they cannot be overridden by any professional duties defined in their terms of contractual agreement between the parties) with regard employment (“inventions outside mission”), the to ownership of certain IP created by an employee. employee is deemed the owner of the invention. However, it is common practice to provide expressly in However, on payment of a fair price (see Question 32), the employment contract for ownership of IP, to protect the employer can claim ownership of inventions outside mission when those inventions have been the employer’s ownership of any IP created by an created by the employee: employee. –– during the performance of their functions; Inventions –– within the employer’s field of activity; –– by knowledge or use of documents or studies 2. In the absence of a specific provision in belonging to the employer; or the employee’s terms of employment, who –– with materials, equipment or tools belonging to the owns and can patent any invention that employer. the employee creates during the course of (Article L. 611-7, Intellectual Property Code.) their employment?

Under French law, either the employer or the employee is Who can patent the invention deemed to own the inventions created by the employee The owner of the invention is entitled to patent the during the course of their employment, depending on invention. Therefore: the public policy criteria set out in L. 611-7 of the French Intellectual Property Code. Any contrary terms in the • The employer can patent the following inventions (the employee’s name must appear on the patent employment contract would be null and void.

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application, without the mention of their name giving “Invention outside mission: for inventions, patentable or the employee any intellectual property rights to the not, realised by you outside your professional duties, the invention, unless the employee expressly requests Company shall have an option to claim ownership of all that their name not appear on the patent application): or part of the rights resulting from the patent when such –– inventions under mission; and inventions have been realised by you: –– inventions outside mission over which the employer - during the performance of your functions; or claimed ownership. - in the field of activity of the Company; or • The employee can patent inventions outside mission - by knowledge of documents or studies belonging to over which the employer could not or did not claim the Company or with material or installations belonging ownership. to the Company.” 3. Would your answer to Question 2 above For the employer to own any invention created by an be different if the employee created the employee, other than an invention under mission or an invention outside of working hours and/or invention outside mission, the employer can arrange for an express assignment in writings. using their own premises, resources and equipment? 5. In the event of a dispute over ownership of an invention, and in particular whether If the invention is created outside working hours and/ or using the employee’s own premises, resources and it was created during the course of equipment, the invention may still be classified as an employment, what would the courts look invention outside mission and therefore claimed by the at to determine whether the employer is employer, in particular if it is in the employer’s field of entitled to the invention? activity. French courts would refer to the terms of the employment Nevertheless, the terms of employment should expressly contract to identify the employee’s mission and specify the employee’s function and duties and it professional duties or functions, and particularly whether: should be clear from the wording used that part of the employee’s duties is to make inventions. • The employee has an express inventive mission (that is, they were hired for the express purpose Owner of invention created by employee of inventing, or part of their duties was to make outside employment inventions). • The employee’s functions or duties are related to The employee is the owner of the inventions created research and development activities. outside employment that do not fulfil the criteria set out by Article L. 611-7 of the Intellectual Property Code (see Absent an inventive mission or R&D functions, the Question 2); the employer does not have the right to courts would have to consider whether the invention claim ownership over these inventions. meets the criteria for employers to be able to claim inventions outside mission, and whether a fair price was 4. Is there any wording that should be paid by the employer for the invention. included to ensure that any statutory requirements are met for the employer Copyright to be the owner of an invention by their employee in your jurisdiction? 6. In the absence of a specific provision in the employee’s terms of employment, No specific wording is needed in relation to the who will own the copyright in anything ownership of inventions under mission. Nevertheless, that the employee produces during their the terms of employment should expressly specify the employment? employee’s function and duties and it should be clear from the wording used that part of the employee’s Under Article L. 111-1 of the French intellectual property duties is to make inventions. code, if there is no agreement to the contrary, the For the employer to own inventions outside mission, it copyright in a work is owned by the author of the work. must both claim ownership and pay a fair price to the This means that, if there isn’t a specific provision in employee. This can be effected by including wording in the employee’s terms of employment, the copyright the IP clause along the lines of the following:

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in anything that the employee creates during their rights contained in the Employment IPRs definition will employment will be owned by the employee. be owned from the start by the employer, while others are owned by the employer if the employee expressly 7. Would your answer to Question 6 above assigns them to the employer). be different if the employee produced the copyright work outside of working 10. Is it advisable in your jurisdiction to hours and/or using their own premises, include in the definition of “Employment resources and equipment? IPRs” the IPR that may not necessarily come into existence whilst the employee No; the copyright created by an employee outside their is carrying out their regular duties employment is owned by the employee. but nonetheless arises during their employment? Trade mark Yes, it is advisable to include this type of IPR in the 8. In the absence of a specific provision in definition of “Employment IPRs”. the employee’s terms of employment, who 11. Is the definition of “Intellectual is entitled to apply to register any trade Property Rights” in Standard clause, mark that the employee creates during Intellectual property clause (employment): their employment? International valid in your jurisdiction? If there is no specific provision in the employee’s terms The definition of “Intellectual Property Rights” of employment: in Standard clause, Intellectual property clause • An employee who creates a trade mark composed of (employment): International is valid in France. However, graphic and/or figurative elements owns the copyright certain rights listed in this definition do not arise in on those elements and may therefore apply to register France (see Question 12). them as trade marks. • An employee who creates a verbal trade mark is the 12. Do all the rights listed in the definition owner of the potential copyright in it, and may apply of “Intellectual Property Rights” in to register it as a trade mark. Standard clause, Intellectual property (Article L. 131-3, Intellectual Property Code; Cour de clause (employment): International arise cassation, Com, 16 February 2010, No 09-12.262.) in your jurisdiction? However, in the event that an employee applies to The following rights listed in the definition of “Intellectual register a trade mark composed of verbal, graphic or Property Rights” in Standard clause, Intellectual property figurative elements similar to the employer’s name and/ clause (employment): International are not recognised in or a trade mark owned by the employer, the employer France: may bring an action for infringement of its rights before the courts. • Rights in get-up. • Goodwill. Definitions • Topography rights.

9. Is the definition of “Employment IPRs” 13. Is it permissible to include rights that in Standard clause, Intellectual property will subsist in the future in the definition clause (employment): International valid of “Intellectual Property Rights”? in your jurisdiction? It is permissible to include rights that will subsist in the The definition of “Employment IPRs” in Standard clause, future in the definition of “Intellectual Property Rights”. Intellectual property clause (employment): International However, an assignment of rights to copyright in be valid in France (although it should be noted that future works is not permissible under Article L. 131-1 some of those rights included in the definition of of the Intellectual Property Code, the language in the Employment IPRs will need to be dealt with in a assignment provision of the employment contract particular way to ensure their validity, as some of the

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should provide that the assignment of future rights to to assignment from the employee for those Employment copyright occurs on the creation of the corresponding IPRs which have not yet arisen at the date of the work and not as of the date of the employment contract. agreement, following their creation (see Question 17). This approach has been validated by case law (Cour de cassation, Civ 1st, 4 February 1986), and it is common 16. Can the employer create an effective practice to include the wording in employment contracts assignment of the Employment IPR (see Question 17). in its terms of employment with its employees as set out in Standard clause, 14. Are there any other rights in your Intellectual property clause (employment): jurisdiction that should be included in the International: clause 1.3(a)? definition of “Intellectual Property Rights” in Standard clause, Intellectual property The employer can create an effective assignment of the clause (employment): International? Employment IPR in its terms of employment with its employees as set out in clause 1.3(a). In France, the following other rights could also be included in the definition of “Intellectual Property 17. Is the language used at Standard Rights” in Standard clause, Intellectual property clause clause, Intellectual property clause (employment): International: (employment): International: clause 1.3(a) • Supplementary protection certificates. sufficient to constitute an assignment • Utility models. from the employee to the employer of all Employment IPRs, present and future? If • Rights related to copyright (“droits voisins”). not, how does this need to be amended in • Soleau envelopes (this is a French system to ascertain order to be valid and enforceable in your the date of an invention, idea or creation of the work; it involves putting evidence in a sealed envelope to jurisdiction? demonstrate the applicant’s knowledge or creation of the work at the date of stamping, without any Assignment of present Employment IPR disclosure of the content). The use of the expression “hereby assigns” is sufficient to • Sui generis database rights. constitute an assignment of existing Employment IPRs. However, the valid assignment of some types of Assignment of IPR intellectual property requires mandatory explicit mention to be included in the assignment clause 15. In your jurisdiction, can the IP rights, (Article L. 131-3, French Intellectual Property Code; Cour inventions and materials set out in de cassation, Civ 1st, December 16, 1992, No 91-11.480). Standard clause, Intellectual property A valid assignment of copyright must expressly mention: clause (employment): International: clause 1.2 be stated to automatically • The assigned rights. belong to the employer, without any • The assigned territory (this may be global). further steps being taken by either party? • The duration of the assignment (this may be for the whole duration of intellectual property rights as No. Intellectual property rights cannot be stated as defined by applicable laws, including any future term belonging automatically to the employer, except for: extension). • Inventions under mission (see Question 2). With regards to patents, the priority right must be • Software created by the employee in the course of mentioned expressly to be validly covered by the their employment (Article L. 113-9, French Intellectual assignment. Property Code). Standard clause, Intellectual property clause An agreement to transfer intellectual property rights (employment): International: clause 1.3(a) is not must include express language that refers to the specific therefore sufficiently detailed to create a valid IP being assigned to the employer (see Question 17). It assignment of copyright or patent rights, unless these may also be advisable to obtain confirmatory agreement additional details are included.

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Assignment of future Employment IPR There is no specific wording or concept under French law that could be used to increase the protection Future Employment IPRs can be assigned, except available to the employer in respect of IP rights, for works protected by copyright (see Question 13). inventions and materials that have not automatically Therefore, the use of the expression “hereby assigns” vested in the employer. (However, see Question 17 will be valid for assignment of future Employment IPRs, on the recommendations for wording to help secure except for future copyright. assignment of future rights.) Regarding future copyright, the following expressions can be used to create a valid future assignment (see Obligations on employees Question 13): • “Agrees to assign by way of future assignment”. 20. Are the obligations on the employee • “Assigns as of their creation”. as set out in Standard clause, Intellectual property clause (employment): It would however be advisable to include: International: clause 1.4 valid and • A provision that requires the employee to enter into enforceable in your jurisdiction? a subsequent and/or confirmatory agreement at the time of the assignment of future Employment IPRs, in The obligations on the employee as set out in Standard particular copyright IPR. clause, Intellectual property clause (employment): • A provision that requires the employee to enter into International: clause 1.4 are valid and enforceable in any necessary subsequent agreements, or to provide France. any required assistance, that would facilitate, or that would be required for, the transfer of legal rights on 21. Is the specific confidentiality Employment IPRs to the benefit of the employer (the obligation as set out in Standard clause, wording of clause 1.7 would be sufficient here, as long Intellectual property clause (employment): as the mention of waiver of all moral rights is deleted). International: clause 1.4(d) recommended As is the case for present Employment IPRs, the valid in your jurisdiction so as to maintain the assignment of future copyright and patent Employment ability for an invention to be patentable? IPRs needs specific additional wording (see above). The specific confidentiality obligation as set out 18. Is the concept of the employee holding in Standard clause, Intellectual property clause any IP rights, inventions or materials “on (employment): International: clause 1.4(d) would be trust” for the employer, if they do not a minimum in France to maintain the ability for an automatically vest in the employer as set invention to be patentable. It would, however, be out in Standard clause, Intellectual property advisable to include wider and stronger confidentiality clause (employment): International: clause language, or a separate clause setting out the terms 1.3(b), recognised in your jurisdiction? of confidentiality obligations, which would include a specific definition of what is considered “Confidential Information”, in the employment agreement to take into This concept is not recognised in France. account the novelty requirement for patentability of inventions. 19. If holding “on trust” is not recognised in your jurisdiction, is there any equivalent wording or concept that could be used Moral rights in Standard clause, Intellectual property clause (employment): International: 22. Does your jurisdiction recognise clause 1.3(b) to increase the protection moral rights? If not, is there an equivalent available to the employer in respect of personal right that accrues in your the IP rights, inventions and materials jurisdiction to the author of a copyright that have not automatically vested in the work? employer and that are yet to be assigned Certain moral rights for the author of a copyright work to them? are recognised in France.

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rights are not recorded nor registered in any form, 23. If the answer to the question above they will have little practical effect unless the author is “yes”: asserts them (for example, in the context of an action for infringement of moral rights). • How are these rights defined? • What do they comprise? 25. Can present moral rights (or the • If copyright is registrable in your jurisdiction, can equivalent) be waived in your jurisdiction these rights be registered or recorded against as set out in Standard clause, Intellectual the copyright work? property clause (employment): International: clause 1.5?

How are moral rights (or equivalent) Under French copyright law, present moral rights defined cannot be waived, in whole or in part. Any provision The moral rights of the author of a copyright work are or agreement to the contrary would be deemed null defined in Articles L. 121-1, L. 121-2 and L. 121-4 of the and void. Intellectual Property Code. 26. Can future moral rights (or the The moral rights of performers are defined in equivalent) be waived in your jurisdiction Article L. 212-2 of the Intellectual Property Code. as set out in Standard clause, Intellectual What do moral rights (or equivalent) property clause (employment): International: clause 1.5? comprise Moral rights comprise: Under French law, future moral rights cannot be waived, in whole or in part. Any provision or agreement to the • The right to the integrity of the work, which allows the contrary would be deemed null and void. author to prevent and oppose changes with regard to the form of their work. 27. Who can waive moral rights (or the • The paternity right, which is the right to be associated equivalent) in your jurisdiction? with the work by name (or pseudonym) and as the author, or to remain anonymous. N/A. • The right of disclosure, which enables the author solely to decide whether or not to disclose their work to the 28. In your jurisdiction, if the copyright public, and under what conditions (Article L. 121-2). owner can waive moral rights (or the • The right of repentance, which allows the author to equivalent), do they need to: modify their work after publication, and the right of withdrawal, which allows the author, after the work’s • Obtain the author’s consent, or publication and in the event they assigned their rights • Give the author prior notice, before doing so? to exploit the work, to terminate that assignment unilaterally (Article L. 121-4). N/A.

Moral rights (or equivalent) registered or 29. Can moral rights (or the equivalent) be recorded against copyright of work licensed or assigned in your jurisdiction? Moral rights are not registered nor recorded in any form Under French copyright law, moral rights cannot in France. be licensed nor assigned. Any contrary provision or agreement would be null and void. However, moral 24. In your jurisdiction, do moral rights rights are imprescriptible (that is, they do not lapse for (or equivalent) arise automatically upon any reason) and they may be: creation of the copyright work, or must the • Transferred to the author’s heirs after the author’s author assert them in order for them to death. take effect? • Exercised by a third party in accordance with testamentary provisions (when the author of a Moral rights arise automatically on creation of the copyrighted work dies and does not have any heirs, copyright work and are perpetual. However, since moral

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they may authorise in their will a third party to The payment conditions and amounts are set out in: exercise their moral rights on such work). • The applicable collective bargaining agreement. 30. If moral rights (or the equivalent • The company policies. in your jurisdiction) can be licensed or • The employment contract. assigned: Other types of invention • Is the author the only party entitled to license or assign them or (if not the same person) is the The compensation for an assignment to the employer copyright owner also entitled to? of any IP created during the employment (whether the “fair price” for inventions outside mission, or any • If the copyright owner is also entitled, do they other assignment price) can be determined by the need to obtain the author’s consent, or give parties. them prior notice, before granting the licence or making the assignment? The only legal constraint relates to the assignment of copyright: • Are any terms or conditions typically placed upon the third party receiving the benefit of any • In principle, the author’s remuneration should be such licence or assignment? proportional to the revenues earned by the employer from the exploitation of the corresponding work. N/A. • As an exception, in some limited cases (including the assignment of rights in software) the remuneration Compensation may be a lump sum (Article L. 131-4, French Intellectual Property Code). 31. In your jurisdiction, is the employee The rights of representation and reproduction may entitled to any compensation from the be assigned for free (Article L. 122-7, Intellectual employer if the employer registers or Property Code). However, this carries a high risk of exploits (by licensing or assigning to third the assignment being deemed a donation (in which parties, or granting security over) any IP case, the courts will pay very close attention to the author’s capacity to assign their IP rights for free; if the that has been created by the employee judges have any doubt as to the author’s capacity and during their employment? awareness, the assignment/donation may be deemed null and void (Paris Court of Appeal, 25 November 2005, In France, employees are entitled to additional No. 04/02005)). remuneration for any invention under mission (Article L. 611-7, Intellectual Property Code). 33. In your jurisdiction, can a clause such Employees must also receive a “fair price” for any as Standard clause, Intellectual property invention outside mission over which the employer clause (employment): International: claimed ownership (see Question 2 and Question 4) clause 1.6 be included in the terms (Article L. 611-7, French Intellectual Property Code). of employment to establish that no Employees are also entitled to compensation for compensation other than that contained assignment to the employer of any IP that does not fall in the agreement will be payable to the under the two categories above. employee in respect of any IP rights?

32. If so, what and how much compensation This clause may be included, but in practice it will is the employee entitled to in your have little effect, as the requirements for additional jurisdiction? remuneration for inventions under mission, the fair price for inventions outside mission, and the agreed assignment price for other inventions are all provisions Inventions under mission that are of public policy, so they apply regardless of Additional remuneration for inventions under mission contractual provisions. If these public policy provisions can be either: are not included expressly in the terms of employment, they will be carved out by the wording of “except as • Royalties based on the revenues generated by the provided by law”. invention. • One or several lump sums.

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Further assurance Assistance with infringement claims 34. Is the undertaking given in Standard clause, Intellectual property clause 38. Is Standard clause, Intellectual (employment): International: clause 1.7 property clause (employment): valid and enforceable in your jurisdiction, International: clause 1.8 permitted that is, an undertaking to execute all and commonly included in terms of documents and do anything to assist in employment with employees in your vesting the IP rights in the employer? jurisdiction to try to ensure that the employee gives valuable witness evidence This clause is a typical provision in French employment as required by the employer in any IP contracts. The authors are not aware of any case law validating such a clause; however, there is no reason litigation that arises around the world, why it should not be valid and enforceable in France, even after their employment with the except in relation to the waiver of moral rights (see employer has come to an end? Question 25). A clause such as clause 1.8 is permitted, and these 35. Is it permissible in your jurisdiction for are commonly included in the terms of employment future assignments to be included in such in France. It is allowed based on the employee’s duty an undertaking as set out in Standard of loyalty (Articles L. 1222-1 and 226-13, French Labour Code; Cour de Cassation, 10 May 2006, No. 05-210); this clause, Intellectual property clause duty persists after termination of employment (Cour de (employment): International: clause 1.7? Cassation, 19 March 2008, No. 06-45322). However, in practice it may be difficult to enforce. Yes. Since the assignment of some future IP rights is not permissible under French law, undertakings in relation 39. What are the main defences to to future assignments are often seen in employment copyright and design right infringement contracts (see Question 17). claims in your jurisdiction? 36. Is it usual in your jurisdiction for the employer to agree to reimburse Main defences to copyright infringement the employee for expenses incurred The main defences to copyright infringement are: in complying with this undertaking as set out in Standard clause, Intellectual • Disputing the validity of the copyright. property clause (employment): • Disputing whether infringement occurred. International: clause 1.7? For example, the defendant may claim:

Yes, it is usual for the employer to reimburse the • Copyright invalidity (that the claimant’s work is not employee for reasonable expenses incurred in complying “original” and therefore there is no copyright in the with this undertaking, as set out in clause 1.7. work; a work is considered original if it reflects the author’s creative spirit (Cour de Cassation, Civ 1st, 13 37. Is the term “best endeavours” as November 1973)). set out in Standard clause, Intellectual • Copyright ownership (that the claimant does not own property clause (employment): the copyright over the work allegedly infringed, and International: clause 1.7 understood therefore does not have the standing to claim for infringement). in your jurisdiction? If not, is there an alternative or equivalent concept? • Absence of reproduction (that the defendant’s work does not constitute a reproduction or imitation of the work allegedly infringed (copyright infringement is The use of the term “best endeavours” would be assessed by similarities and not by differences), or understood in France as meaning “best efforts”.

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that the allegedly infringing work was independently created). 40. Is the defence that the allegedly infringing work was independently • Authorised use (French law provides for several created, and that it is a mere coincidence exceptions to copyright, listed in Article L. 122-5 of the Intellectual Property Code (for example, among other that it resembles closely the claimant’s things for the purposes of research, education, parody copyright work or design, available in and private representation)). your jurisdiction (see Standard clause, Good faith is not an admissible defence to copyright Intellectual property clause (employment): infringement in France. However, the defence of International: clause 1.8)? independent creation puts the burden of proof of independent creation (that is, having had no access The defence that the allegedly infringing work was to the allegedly infringed work) on the defendant; as independently created, and that it is a mere coincidence a result, the burden of proof in this scenario has an that it resembles closely the claimant’s copyright work element of proof of good faith (Cour de cassation, Civ 1st, or unregistered design, may be argued before French May 16, 2006, “Djobi Djoba”; Cour de cassation, Civ 1st, courts (see Question 39). However, the defendant must October 2, 2013 “Plus Belle La Vie”). provide evidence that the allegedly infringing work was independently created, and that it would have been Main defences to design right impossible for them to have had access to the allegedly infringed work. infringement Similarly, the main defences to registered design right 41. In practice, how difficult would infringement are: Standard clause, Intellectual property • Disputing the validity of the design right/copyright on clause (employment): International: that design. clause 1.8 be to enforce in your jurisdiction? • Disputing whether infringement occurred. As there is little case law considering this type of clause For example, the defendant may claim: in France, it is uncertain how difficult in practice it would be to enforce. • Design right invalidity (that the claimant’s design is not novel and does not have a unique character (Articles L. 511-2-L. 511-5, French Intellectual Property Powers of attorney Code). • Expiration of the registered design right (in France 42. Can the employee appoint their a design may be registered for a five-year period, employer as their attorney in Standard renewable for a maximum duration of 25 years). clause, Intellectual property clause • Design right ownership. (employment): International for the • Absence of reproduction (that the defendant’s work purpose of executing any documents that does not constitute a reproduction or imitation might be required in relation to the IPR of the work allegedly infringed (the infringement under this clause? assessment is based on the overall visual impression) or that the allegedly infringing work Although it may not be invalid, there would be a risk was independently created). of dispute regarding the legality of the employee’s • Authorised use (French law provides for a few consent, due to the inherent inequality in the exceptions to design right protection, listed employment contract. As a result, it would not be in Article L. 513-6 of the Intellectual Property advisable to do so. Code (for example, private use, teaching and experimentation)). 43. Are there any formalities that must be Unregistered designs may be protected by copyright adhered to in relation to the creation or if they fulfil the copyright protection criteria. If so, the execution of such a power of attorney to potential defences to unregistered design infringement ensure that it is valid and enforceable in will be identical to the defences to copyright your jurisdiction? infringement.

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In France, the formalities related to the creation or registered with trade mark offices for instance, in which execution of a power of attorney in labour law are case, such steps would need to be taken). identical to those in civil law, and must fulfil the requirements of: capacity, competence, authority, means, precision and evidence. General In the event the employee appoints their employer 46. Are any of the clauses set out in as their attorney, it would be unusual to require an Standard clause, Intellectual property authenticated signature of an authentic act (through clause (employment): International notarisation). A delegation of power included in writing directly in the employment agreement or by way of an not legally valid and enforceable or not amendment to it would be sufficient (and advisable, as standard practice in your jurisdiction? it would allow the employer to demonstrate and specify the extent of the delegation of power, and to make it The waiver of moral rights in clause 1.5 would not be enforceable against third parties). legally valid or enforceable in France (see Question 25). 47. Are there any other IP clauses that Execution and other formalities would be usual to see in such standard IP clauses and/or that are standard practice 44. Do the terms of employment/ to include in your jurisdiction? contract into which Standard clause, Intellectual property clause (employment): No. International is inserted need to be executed in any particular manner in order for the assignment set out in this standard clause to be valid and enforceable in your Contributor details jurisdiction? Marie Fillon, Lawyer No. Dechert (Paris) LLP 45. If Standard clause, Intellectual property E [email protected] clause (employment): International is Areas of Practice: Intellectual property. included in the employee’s terms of employment/contract in your jurisdiction, Louis de Chezelles, Lawyer are there any other specific execution or registration formalities or other Dechert (Paris) LLP requirements that would be necessary for E [email protected] this clause to be valid and enforceable? Areas of Practice: Intellectual property. No (except if, for example, the terms of employment require confirmatory assignment agreements to be

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