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Les présomptions en droit de la propriété intellectuelle : analyse à la lumière du droit commun

Abstract : Presumptions in intellectual property law, analysis in the light of general lawPresumptions intervene to correct shortcomings in legal reasoning. They are traditionally defined as "consequences that the law or the magistrate draws from a known fact to an unknown fact". Presumptions play an important role in intellectual property law because the search for truth and the treatment of doubt are its essence. Whether it is to apprehend the objects (intellectual work, invention, trademark, etc.), to designate the actors (owners or counterfeiters) or to delimit the content of the intellectual property rights, the use of presumptions is unavoidable. However, the new challenges (digital, globalization of the economy, communalization of the law, etc.) faced by intangible creations force the legislator and the judge to squander the presumptions. We are witnessing inflation and even densification of the "presumptive norm" in intellectual property law: there is a presumption for almost everything, on almost everything and almost everywhere. This weakens the system of protection of intangible creations and, inevitably, creates unprecedented legal uncertainty in intellectual property law. The aim of our thesis is to analyze what the idea of presumptions in intellectual property law really covers and to concretely define their field of action. This approach ultimately aims to propose a general theory of presumptions from which the presumptions applicable in intellectual property could identify and draw their legitimacy. Such an approach that will provide a reading grid more relevant to both theorists and practitioners of the subject to effectively address the issues inherent in this area whose complexity is more to present.
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Submitted on : Monday, June 24, 2019 - 4:19:30 PM
Last modification on : Monday, February 17, 2020 - 12:00:53 PM

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  • HAL Id : tel-02163870, version 1



Christian Kpolo. Les présomptions en droit de la propriété intellectuelle : analyse à la lumière du droit commun. Droit. Université de Lorraine, 2019. Français. ⟨NNT : 2019LORR0028⟩. ⟨tel-02163870⟩



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