The Sovereign Title (4)

INTRODUCTION 4

The Universal Standard provides best practices for implementing the essential requirements of international treaties and Directive. Like most standards, it is not by itself binding. But this will not prevent it from establishing itself thanks to the return-on-investment clauses implemented within the framework of public funding granted to R&D. According to the terms of article 1134, “legally formed agreements take the place of law for those who made them.” The standard will therefore take force of law when it is covered by the clause of a contract. The capacity left to citizens to build new worlds by free contracts is one of major legacy of the Civil Code.

Moreover, according to well-established case law, the courts will take into account the fact of the standard’s existence, both to assess the professional diligence of the stakeholders and to judge the originality of the creations. We also know that judges attach value to all attempts made to find amicable solutions. Once the standard provides simple, reasonable and quick solutions to resolve conflicts through professional expertise, it will be favored by the magistrates.

When authorization and license defects will be sanctioned by the offense of counterfeiting, few distributors will accept the risk of selling products whose authenticity has not been established by real and serious means.

While significantly increasing the capital of humanity, the multiplication of creations calls into question neither the legitimate public domain, nor the territorial tax (on the contrary: new wealth + return guarantee clause for public funds), nor the principles of redistributive solidarity, nor the right of States to nationalize against fair and prior compensation any creation for reasons of public utility.

The book “The Sovereign Title” by Prof. Alain Souloumiac sets out to demonstrate that, in that it will quickly unleash the immense creative potential of humanity, the implementation of the new intellectual property legislation constitutes a decisive opportunity for the end of the economic crisis in France, in Europe and in the world.

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Table of Contents

The Sovereign Title

• Introduction 1
  Introduction 2
  Introduction 3
  Introduction 4
  Introduction 5
  The intellectual property revolution : Chapter 1

(Cf) Creafree 2021