CASE COMMENTS: UNFAIR COMMERCIAL PRACTICES - DRAFTING IN ENGLISH - GENERAL ECONOMICS OF CONTRACT

Significant imbalance: The French Supreme Court approves the Paris Court of Appeal’s ruling that a contract could be negotiated despite its wording in English and that a contractual asymmetry can be justified by the general scheme of the contract (Mobilead / France brevets)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Here is a very interesting decision, which shows the limits of the "L. 442-1 argument" in typically contractual disputes(i.e. outside the Minister's regulatory action). In this case, Mobilead had entered into a contract with France brevets with the aim, on the one hand, of strengthening and developing its patent portfolio and, on the other hand, of developing a licensing program. After France brevets had terminated the contract, Mobilead sued France brevets, challenging, among other things, the validity of the termination clause defined in the contract from the point of view of a submission to obligations creating a significant imbalance between the rights

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  • University of Aix-Marseille

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Frédéric Buy, Significant imbalance: The French Supreme Court approves the Paris Court of Appeal’s ruling that a contract could be negotiated despite its wording in English and that a contractual asymmetry can be justified by the general scheme of the contract (Mobilead / France brevets), 31 March 2021, Concurrences N° 3-2021, Art. N° 101924, pp. 115-116

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