A full report of this case has been published on Kluwer IP Law.

Article L.113-3 paragraphs 1 and 2 of the French Intellectual Property Code (‘IPC’) provides that a work of collaboration shall be the joint property of its authors, and that joint authors shall exercise their rights by common consent.

The decisions relating to the exploitation of the work therefore have to be made with the consent of all the co-authors. Otherwise, a co-author would commit an act of infringement as regards the other co-authors.

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