Competence of the French Labour Tribunal for IP right's dispute born on the occasion of an employment contract

A salaried photographer served a writ against his Press Agency before the Tribunal of First Instance (“Tribunal de Grande Instance”) to obtain damages for forgery of his photography.

But at the agency request, the dispute was referred to the Labour Tribunal.

The photographer decided to assert the jurisdiction over the merits.

On April 4th, 2007 the Court of Appeal confirms the competence of the Labour Tribunal. Then, the photographer decided to challenge the decision before the French Supreme Court (“Cour de cassation”).

On May 21st, 2008, the French Supreme Court (“Cour de cassation”) rejected the recourse of the photographer.

It puts like a principle that when such dispute was born on the occasion of the employment contract, the Labour Tribunal is competent, no matter the dispute is on intellectual property right.

(Cass. Soc. May 21st, 2008, n° 07-15.462)

Frédéric CHHUM avocat à la Cour


e-mail : chhum@chhum-avocats.com

tel 01 42 89 24 48

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