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Article L716-13 of the French Intellectual Property Code

Natural persons guilty of one of the offences provided for in articles L. 716-9 and L. 716-10 may be ordered, at their own expense, to remove from commercial channels the objects deemed to be infringing and any thing that has served or was intended to commit the infringement. The court may order the destruction at the expense of the convicted person or the delivery to the injured party of the…

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Article L717-4 of the French Intellectual Property Code

A decree of the Conseil d’Etat shall determine the seat and jurisdiction of the courts of first instance and of appeal which shall have exclusive jurisdiction to hear the actions and claims provided for in Article 124 of Regulation (EU) 2017/1001 of 14 June 2017, including where such actions involve both a trade mark matter and a related design or unfair competition matter.

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Article L717-5 of the French Intellectual Property Code

An application for a European Union trade mark or a European Union trade mark may only be converted into an application for a national trade mark in the cases provided for in Article 139 of Regulation (EU) 2017/1001 of 14 June 2017. In these cases, the national trade mark application must, on pain of rejection, comply with the provisions of Articles L. 711-2, L. 712-2 and L. 712-4 as well…

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Article L717-6 of the French Intellectual Property Code

A European Union trade mark that validly claims the seniority of a trade mark registered in France or of an international registration designating France, in accordance with Articles 39 and 40 of Regulation (EU) 2017/1001 of 14 June 2017, constitutes a prior claim enforceable under I of Article L. 711-3. Where a trade mark previously registered in France has not been renewed or has been surrendered, the fact that the…

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Article L717-7 of the French Intellectual Property Code

The formule exécutoire referred to in Article 110 of Regulation (EU) 2017/1001 of 14 June 2017 shall be annexed by the Institut national de la propriété industrielle to any final decision of the Office of the European Union for Intellectual Property fixing the amount of costs.

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Article L721-1 of the French Intellectual Property Code

The rules for determining designations of origin are set out in Article L. 115-1 of the Consumer Code reproduced below: “Article L. 115-1 : An appellation of origin is the name of a country, region or locality used to designate a product originating therein, the quality or characteristics of which are due to the geographical environment, comprising natural and human factors. “

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Article L721-2 of the French Intellectual Property Code

A geographical indication is the name of a geographical area or a specific place used to designate a product, other than an agricultural, forestry, food or seafood product, which originates there and possesses a specific quality, a reputation or other characteristics that can be essentially attributed to that geographical origin. The conditions of production or processing of this product, such as cutting, extraction or manufacture, comply with a specification approved…

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Article L721-3 of the French Intellectual Property Code

The application for approval or amendment of the specification is lodged with the Institut national de la propriété industrielle by a defence and management body, defined in article L. 721-4, representing the operators concerned. The approval decision is taken after : 1° Verification of the content of the specifications and the representativeness of the operators within the defence and management organisation; 2° Completion of a public enquiry, the procedures for…

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