France is widely known for its author-centric intellectual property right (IPR) framework: except for a limited number of very specific situations, all IPR must be expressly assigned and there is no “work for hire” doctrine.
This situation is changing, further to Decree n2021-1658 dated 15 December 2021, replicating the regime applicable to inventions and software created by employees or public servants to those made by natural persons accommodated by private or public law entities carrying out research.
This decree amended the French Intellectual Property Code (FIPC), by creating two new articles: L.113-9-1 (with regard to software IPR) and L.611-7-1 (with regard to patent IPR) FIPC.
The authors referred to in the decree are the natural persons who are not referred to in articles L.113-9 and L.611-7 FIPC, i.e. non-employees, but who would be “accommodated” within the framework of an agreement, by a private or public legal entity carrying out research.
The preliminary Report to the President of the Republic indicated that this category of “accommodated personnel” should be construed as to include “trainees, foreign doctoral students and emeritus professors or directors.”
While not explicitly stated, it may also be logically inferred to:
Include other non-employee personnel such as persons volunteering international service in companies as, in this situation, there is an agreement between the person...
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