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Services Guide to Registration of European Community Tradeamrks (7) - The Judicial System in Matters of Community Marks
Guide to Registration of European Community Tradeamrks (7) - The Judicial System in Matters of Community Marks
Judicial competence
The court which has the jurisdiction is the court of the member State where the defendant is domiciled (or in absence : has an establishment).
| Action | First Instance | Second Instance |
| Counterclaims for revocation or for a declaration of invalidity |
Each member State establishes a list of the courts which have jurisdiction, in the absence of such a list, the court is the one which would have jurisdiction for a national mark In France, the Tribunal de Grande Instance of Paris is the only to have jurisdiction (order 2002-216 of February 18, 2002) |
Court of Appeal (conditions of appeal according to the national law) |
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Infringement action and - if it is permitted under national law - actions in respect of threatened infringement |
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Action for declaration of non-infringement, if it is permitted under national law |
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In an infringement action, provisional and protective measures (if they are permitted under national law) |
In France : the President of the First Instance Court to which the action for infringement is referred (summary jurisdiction) | Corresponding court of appeal |
The decisions of the Appeal Court can be appealed to the Supreme Court. The appeal can be rejected or the judgement of the Appeal Court can be annuled, in such case the case is referred to another Appeal Court
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