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24 February 2022

Inventions by non-employees: Awaited extension of the regime applicable to employees with respect to software and service inventions

Ordinance No. 2021-1658 of December 15, 2021 relating to intellectual property rights in assets generated by software developers or inventors who are neither employees nor public agents and who have been hosted by a legal entity carrying out research (the “Ordinance”) unifies French intellectual property law with respect to service inventions.

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23 February 2022

The Tribunal Judiciaire of Paris has sole jurisdiction to hear duty of vigilance lawsuits

Parent companies and large companies acting as principals may be held liable in the event of a breach of their duty of vigilance.

This duty of vigilance takes into account inter alia the risks of environmental damage associated with the operations of these companies, as well as those of their subsidiaries, subcontractors or suppliers.

The debate as to which court is competent to assess a vigilance plan has just been definitively settled: The Paris Judicial Court (Tribunal Judiciaire de Paris) has exclusive jurisdiction to hear disputes over the duty of vigilance.

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22 February 2022

Additional requirement concerning the employer’s redeployment obligation when an employee is declared unfit for work: This obligation must be fulfilled with loyalty!

In a decision dated January 26, 2022, the Cour de Cassation (French Supreme Court) clarified that the presumption introduced by Article L. 1226-12 of the French Labor Code only applies if the redeployment position offered to an employee declared unfit for work is as comparable as possible to the position previously held by that employee, thereby imposing a duty of loyalty on the employer.

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28 January 2022

The measures adopted to adapt the control of foreign investments in France during the health crisis are further extended until December 31, 2022

The principle under French law is that financial dealings between France and foreign countries are unrestricted.

However, some investors making certain types of investments in so-called “sensitive” business sectors must follow a prior authorization procedure with the French Minister of the Economy.

The control of foreign investments in these business sectors has been significantly reinforced in recent years, especially since the outbreak of the health crisis resulting from the emergence and spread of COVID-19.

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27 January 2022

French Climate and Resilience Law: What impact on environmental criminal law?

Law No. 2021-1104 of August 22, 2021 on combating climate change and strengthening resilience to its effects (the “Climate and Resilience Law”), adopted on July 20, 2021, was promulgated on August 24, 2021. Its provisions are inspired by the proposals of the Citizens’ Climate Convention. The final text includes 305 Articles in 8 Titles. Some […]

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