Property litigation: understanding your rights and remedies

This decision provides important insight into your property law rights. Here is what it changes for you.

The situation

When only one of the co-owners of an invention patent contributed that patent to a "pool" which he formed with a company also holding a patent, for the grant of licences to third parties, the trial judges were able to determine the amount of the share of royalties paid by the licensees of the pool, due to the other co-owner, by referring to an arbitration award made between the two members of the pool, in order to find therein an element for assessing the respective value of their contributions as well as the value of the contribution in kind of the co-owner of the disputed patent, without attributing to that award the authority of res judicata.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.