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Decree No. 2002-216 Of 18 February 2002 On The Competent Courts For Community Trade Mark

Original Language Title: Décret n° 2002-216 du 18 février 2002 relatif aux juridictions compétentes en matière de marque communautaire

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Summary


Order 2001-670 of 25 July 2001 adapting to community law of the intellectual property code and the postal code and telecommunications supplements Title I of Book VII of the intellectual property code by provisions implementing Council Regulation (EC) 40/94 of 20 December 1993 on the community mark.
Article 91 of the Regulation requires Member States to designate, on their territory., as limited as possible, a number of national jurisdictions having exclusive jurisdiction to hear actions and requests referred to in Article 92 of the Regulation and which concern actions in infringement and protection of the law conferred by the community mark.
The above-mentioned order, by creating Article L. 717-4 of the Intellectual Property Code, therefore sets out the principle of exclusive jurisdiction conferred on courts of first instance and appeal to hear the actions and requests set out in Article 92 of the Regulation and refers to a decree in the Council of State to determine its seat and jurisdiction.
For provisions relating to the community mark, applicable in French Polynesia. in the Wallis-et-Futuna Islands. in the French southern and Antarctic lands, in New Caledonia and in Mayotte, Article L. 717-4, also refers., in its drafting from Article L. 811-4, in Book VIII of Part III of the Intellectual Property Code concerning Overseas and Mayotte territories, to a decree in the Council of State the care to establish the seat and jurisdiction of the courts.
The purpose of this Order is to introduce, in the regulatory part of the Code of the Judiciary Organization, in Chapter II, entitled "special provisions to certain matters", title I of Book III, which concerns the Court of Grand Instance, a section reserved for specific provisions in respect of community marks.
The litigation of community trademarks will therefore be examined, at first instance, by the courts of large instance and, on appeal, by the appeals courts to which they are attached. Traditionally, in fact, the litigation of trademarks, such as patents, is the first instance of the Court of Grand Instance: it has become opportune to maintain this principle.
Article 1 of the decree creates an article R. 312-10 which designates the Court of Grand Instance of Paris only territorially competent for the whole territory of the French Republic. In the section of the Code of the Judicial Organization on the Overseas, it includes a provision that makes applicable in New Caledonia, French Polynesia and the territories of the Wallis and Futuna Islands and French southern and Antarctic lands, on the one hand, in Mayotte, on the other, article R. 321-10.
To the extent that it is obligated by the regulations to retain as limited as possible a number of competent courts in respect of community trademarks, only the Court of Grand Instance of Paris and, consequently, the Court of Appeal of Paris were retained.
Such a choice is justified by the fact that the Paris Court of Grand Instance has declared that the Paris Court of Appeal is able to absorb without too much difficulty the new volume of this litigation, which could put into play important economic and financial interests.
It should be observed only in this matter. the complainants do not seek the proximity of the courts but, above all, legal security. However, nothing would prevent. to retain other jurisdictions. If the need made it feel.
In order to ensure a better readability of the applicable texts, Article 2 of the registered decree. in the regulatory part of the intellectual property code. an article R. 717-11 corresponding to section L. 717-4 in part of the statute, which recalls the provisions of section R. 312-10 of the Code of the Judicial Organization.
Application of Council Regulation (EC) No. 40/94 of 20 December 1993 on the community mark, including Rule 91.
Amendment of the Code of the Judicial Organization: In chapter II of title I of Book III, the addition of a section IX "Special provisions in respect of community brand" (art. R. 312-10), at subsection I of section II of the chapter. I of title III of book IX, after art. R. 931-10-1 insertion of an art. R. 931-10-2, chap. V of the same title, after art. R. 935-1, insertion of an art. R. 935-2, at sub-section III of section III of chap. III of title IV of the same book, after art. R. 943-18, insertion of an art. R. 943-18-1, after art. R. 717-10, insertion of an art. R. 717-11.

Keywords

JUSTICE , JUDICIARY ORGANIZATION , CODE OF JUDICIARY BODY , LEGMENT , COMMUNITY MARK , TRIBUNAL OF GREAT INSTANCE , TGI , PARIS , COMPETENCE , TERRITORIAL COMPETENCE , EXTRE-MER , FUNTAIN ,


JORF of 20 February 2002 page 3275
text No. 24



Decree No. 2002-216 of 18 February 2002 on competent jurisdictions in respect of community trademarks

NOR: JUSB0210059D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/2/18/JUSB0210059D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2002/2/18/2002-216/jo/texte


The Prime Minister,
On the report of the Seal Guard, Minister of Justice,
Having regard to Council Regulation (EC) No. 40/94 of 20 December 1993 on the community mark, including its Article 91;
Considering the intellectual property code, including its article L. 717-4;
Considering the code of the judicial organization;
The State Council (inland section) heard,
Decrete:

Article 1 Learn more about this article...


The Regulation of the Code of the Judicial Organization is amended to read:
I. - In chapter II of Book III title I, a section IX is added as follows:


“Section IX



“Special provisions
Community brand


"Art. R. 312-10. - All actions and applications in respect of community trademarks provided for in Article L. 717-4 of the Intellectual Property Code are brought before the Paris High Court. »
II. - In subsection I of chapter I, section II, title III, of Book IX, after section R. 931-10-1, an article R. 931-10-2 is inserted as follows:
"Art. R. 931-10-2. - The provisions of Article R. 312-10 are applicable in French Polynesia, Wallis and Futuna Islands and New Caledonia. »
III. - In chapter V of the same title, after article R. 935-1, an article R. 935-2 is inserted as follows:
"Art. R. 935-2. - The provisions of Article R. 312-10 are applicable in the French Southern and Antarctic Lands. »
IV. - In section III, section III, chapter III, of title IV of the same book, after article R. 943-18, an article R. 943-18-1 is inserted as follows:
"Art. R. 943-18-1. - The provisions of Article R. 312-10 apply to Mayotte. »

Article 2 Learn more about this article...


After article R. 717-10 of the same intellectual property code (regular section), an article R. 717-11 is inserted as follows:
"Art. R. 717-11. - As stated in article R. 312-10 of the Code of the Judiciary Organization, the actions and requests in respect of the community mark provided for in article L. 717-4 are brought before the Court of Grand Instance of Paris. »

Article 3 Learn more about this article...


The guard of the seals, the Minister of Justice, the Minister of the Interior and the Secretary of State for the Overseas are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done in Paris, February 18, 2002.


Lionel Jospin


By the Prime Minister:


The Seal Guard, Minister of Justice,

Marylise Lebranchu

The Minister of the Interior,

Daniel Vaillant

The Secretary of State to the Overseas,

Christian Paul


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