Law of 4 November 2004 implementing the Council Regulation on Community designs designating the Community design court (Implementing Law EC Regulation on Community designs)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
We have taken the view that Article 71, second paragraph, of the Regulation (EC) No 6/2002 A national authority for the exequatur of the Council of the European Union of 12 December 2001 on Community designs (PbEG 2002, L3) is to be designated and, under Article 80 (1) of that regulation, to be as small as possible the number of courts should be designated for the settlement of disputes concerning the infringement and validity of Community designs;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act the following definitions shall apply: Regulation (EC) 6/2002 of the Council of the European Union of 12 December 2001 on Community designs (PbEG 2002, L3).
By way of derogation from Article 994 of the Code of Civil Procedure , a decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) referred to in Article 71 of the Regulation shall be deemed to be a decision given by the judge of a foreign State as intended for the purpose of Article 985 of the Code .
For all the claims referred to in Article 81 of the Regulation, the jurisdiction of that court shall be the jurisdiction of the courts in The Hague alone and for interim measures.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Implementing Law EC Regulation on Community designs.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued at The Hague, 4 November 2004
The Minister of Justice,
J. P. H. DonnerPublished the sixteenth of November 2004
The Minister of Justice
J. P. H. Donner