Disputes Relating To The Industrial Property Rights Of Employees And Jurisdiction Of Prud'hommes
LexInter | March 9, 2017 | 0 Comments

Disputes Relating To The Industrial Property Rights Of Employees And Jurisdiction Of Prud’hommes



THE COURT OF CASSATION, SOCIAL CHAMBER, rendered the following judgment:

On the single plea:

Whereas, according to the judgment under appeal (Paris, April 4, 2007), that Mr X …, photographer employed by the company Agence Sipa Press, has summons the latter before the tribunal de grande instance so that it is ordered to pay damages for acts of counterfeiting of its photographs on the basis of articles L.111-1 and following of the code of intellectual property;

Whereas Mr X … criticizes the judgment for having rejected the contradiction that he had formed and for having referred the dispute to the Paris industrial tribunal then, according to the means, that the existence of concluded by the author of an intellectual work does not imply any derogation from the enjoyment of his intellectual property rights; that the independence established by law between the employment contract and the enjoyment of intellectual property rights excludes the litigation opposing the author of a work of the mind to his employer and which relates, not to the conclusion or execution of the employment contract , but on the exploitation of its intangible property rights, falls within the competence of the industrial tribunal; however, by deciding that the dispute between it and the company Sipa Press and relating exclusively to its intellectual property rights fell within the jurisdiction of the industrial tribunal, the court of appeal violated Articles L. 111-1 of the intellectual property code and L. 511-1 of the labor code ;

But given that the Court of Appeal, having noted that the dispute relating to intellectual property rights between the photographer and his employer had arisen on the occasion of the employment contract, decided exactly that the industrial tribunal was competent to hear it, even if it was based on the code of intellectual property; that the means is unfounded;


DISMISSES the appeal;

Condemns Mr X … to the costs;

Considering article 700 of the code of civil procedure, rejects the requests;

Thus done and judged by the Court of Cassation, social chamber, and pronounced by the president in his public hearing on the twenty-first of May two thousand and eight.

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