Part Three: Overseas provisions

The provisions of this Code are applicable in New Caledonia with the exception of the fourth paragraph of Article L. 335-4 and Articles L. 133-1 to L. 133-4, L. 421-1 à L. 423-2. Articles L. 133-1 to L. 133-4, L. 421-1 to L. 423-2, as well as the fourth paragraph of Article L. 335-4. Article L. 336-2 is applicable in its wording resulting from Order no. 2019-738 of 17 July…

Subject to the adaptations provided for in this chapter, the following provisions of this code shall apply in the Wallis and Futuna Islands: 1° Books I to III, with the exception of the fourth paragraph of Article L. 335-4 and Articles L. 133-1 and L. 133-4, in the wording resulting from Law no. 2021-1382 of 25 October 2021 on the regulation and protection of access to cultural works in the…

For the application of this code in the French Southern and Antarctic Territories and for the application of the provisions that it makes applicable in French Polynesia, the Wallis and Futuna Islands and New Caledonia, the following words listed below are respectively replaced by the following words: -“tribunal judiciaire” by “tribunal de première instance”; -“région” by “territoire”; -“tribunal de commerce” by “tribunal de première instance statuant en matière commerciale”; -“conseil…

For their application in Mayotte, the Wallis and Futuna Islands, the French Southern and Antarctic Territories and New Caledonia, Articles L. 122-3-1 and L. 211-6 shall read as follows: Art. L. 122-3-1. – Once the first sale of one or more material copies of a work has been authorised by the author or his successors in title on the territory of a Member State of the European Community or of…

For the application of this code in Mayotte, the following words listed below are replaced respectively by the following words: a) “region” and “department” by “Mayotte”; b) “cour d’appel” by “chambre d’appel de Mamoudzou” and “commissaire de police” by “officier de police judiciaire”.

The provisions of Regulation (EU) No 1257/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary protection conferred by a patent and Regulation (EU) No 1260/2012 of 17 December 2012 implementing enhanced cooperation in the area of the creation of unitary protection conferred by a patent, as regards the applicable translation arrangements, shall apply in Saint-Barthélemy, Saint-Pierre-et-Miquelon, the French Southern and Antarctic Territories and…

For its application in the Wallis and Futuna Islands, Article L. 615-2 of this code is worded as follows: Art. L. 615-2.-An infringement action shall be brought by the owner of the patent. Unless otherwise stipulated in the licence contract, it is also open to the holder of an exclusive licence on condition, on pain of inadmissibility, that the patent holder is informed in advance. The holder of a non-exclusive…

For its application in the Wallis and Futuna Islands, the French Southern and Antarctic Territories, New Caledonia and Mayotte, Article L. 621-1 of this Code reads as follows: “Art. L. 621-1: “The fact, by any director or employee of a company where he is employed, of revealing or attempting to reveal a trade secret is punishable by two years’ imprisonment and a fine of €30,000. “The court may also impose,…

For its application in Saint-Barthélemy, Saint-Pierre-et-Miquelon and the French Southern and Antarctic Territories, Article L. 713-4 reads as follows: Art. L. 713-4 -The right conferred by a trade mark shall not entitle its proprietor to prohibit its use in respect of goods which have been put on the market in the European Union, the European Economic Area, Saint-Barthélemy, Saint-Pierre-et-Miquelon or the French Southern and Antarctic Territories under that trade mark…

I. – For their application in New Caledonia, Articles L. 717-1, L. 717-4 and Article L. 717-7 of this Code shall read as follows: “Art. L. 717-1. : I. – The use in the course of trade by a third party, without the consent of the proprietor of the Community trade mark, shall constitute an infringement giving rise to civil liability on the part of the infringer: a) Of a…