Title
ICC Award No. 12073, YCA 2008, 63 et seq.
Content

63

Award in case no. 12073 of 2003

90

II. VIOLATION OF CONTRACTUAL OBLIGATIONS BY RESPONDENT

92

2. Other Contractual Obligations

93

c. Duty of information (yes)

[17] "Claimant contends that it should have been informed by respondent of the Institute's requests for the purpose of the study. Even though the Contract does not expressly provide for a clause obliging the licensee to inform the licensor of facts and circumstances pertinent to the trade-mark and patent's protection, the Tribunal believes that respondent was effectively under such an obligation. First of all, such a clause is essential to any trade-mark and patent license agreement,and can as such be considered as an implied term of the Contract. Secondly, such information obligation is a general consequence of Art. 1134 of the French Civil Code, according to which contracts have to be performed in good faith. As a matter of fact, case law and doctrine are well settled that good faith performance implies a certain degree of spontaneous co-operation between the parties. Such co-operation imposes upon each party to inform the other party of any non-confidential information pertinent to the contract and useful to its interests.It should furthermore be pointed out that case law does not limit such information obligation to the pre-contractual stage, but extends it to the whole life of the contract.

Referring Principles
Trans-Lex Principle: IV.6.9 - Duty to notify / to cooperate
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