Decree 2015-1436 dated November 6 2015 specifies the conditions of enforcement of the 'silence amounts to acceptance' principle and its exceptions for requests relating to industrial property. The decree clarifies uncertainties that arose from Decree 2014-1280 dated October 23 2014 around the enforcement of exceptions to the principle based on Article 21(II) of Law 2000-321 dated April 12 2000 relating to the rights of citizens in their relationships with administrative agencies. In particular, it clarifies uncertainties regarding the compliance of Decree 2014-1280 with the IP Code (for further details please see "Clarification of the principle "silence amounts to rejection" for Industrial Property titles").

Decree 2015-1436 specifies the conditions for an implicit decision of dismissal, in the event of the administration's silence, for the following procedures:

  • issuance and extension of supplementary protection certificates;
  • modification of patent claims;
  • filing of semiconductor topographies; and
  • certification of geographical indications for craft and industrial products.

Moreover, the decree specifies the conditions for an implicit decision of approval, in the event of the administration's silence, for the following procedures:

  • issuance of patents;
  • application for restoration of patent rights;
  • a renunciation statement or a request that revocation be lifted with regard to trademarks or designs; and
  • recordal on the national patent, trademark, design and software registers, the list of individuals qualified in industrial property and the list of trademark and patent attorneys.

The decree entered into force on November 8 2015. It applies to prior applications for which no explicit decision has yet been made.

For further information on this topic please contact Camille Pecnard or Fanny Cony at Hogan Lovells International LLP by telephone (+33 1 53 67 47 47) or email (camille.pecnard@hoganlovells.com or fanny.cony@hoganlovells.com). The Hogan Lovells International LLP can be accessed at www.hoganlovells.com.

This article was first published by the International Law Office, a premium online legal update service for major companies and law firms worldwide. Register for a free subscription.