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Article R411-37 of the French Intellectual Property Code

On pain of inadmissibility, which is raised ex officio, the parties must present all their substantive claims in the submissions referred to in articles R. 411-29, R. 411-30 and R. 411-32. Inadmissibility may also be raised by the party against whom subsequent submissions are made. However, when the Court of Appeal is seised of an appeal lodged pursuant to the second paragraph of article R. 411-19, submissions intended to reply…

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Article R411-38 of the French Intellectual Property Code

To justify before the Court of Appeal hearing an appeal lodged pursuant to the second paragraph of Article R. 411-19 the claims they had submitted to the Director General of the National Institute of Industrial Property, the parties may put forward new pleas, produce new documents or propose new evidence. On pain of inadmissibility raised ex officio, the parties may not submit new claims to the court except for the…

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Article R411-39 of the French Intellectual Property Code

The head of the pleadings shall contain the information provided for in the second paragraph of Article 960 of the Code of Civil Procedure. They must expressly state the parties’ claims and the pleas of fact and law on which each of these claims is based with an indication for each claim of the documents relied on and their numbering. A summary of the exhibits shall be attached. The pleadings…

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Article R411-41 of the French Intellectual Property Code

Subject to the provisions of Articles R. 411-29, R. 411-30 and R. 411-32, the president of the chamber to which the case is distributed shall set the time limits within which the parties to the proceedings shall communicate their submissions to each other, send them to the Director General of the National Institute of Industrial Property and file a copy with the court registry. It shall fix the date of…

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Article R411-42 of the French Intellectual Property Code

The decisions of the Court of Appeal shall be notified by registered letter with acknowledgement of receipt by the court registry to the parties to the proceedings and to the Director General of the National Institute of Industrial Property. The decisions of the Court of Appeal shall be notified by registered letter with acknowledgement of receipt by the court registry to the parties to the proceedings and to the Director…

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Article R411-43 of the French Intellectual Property Code

The time limits provided for in articles R. 411-21, R. 411-26 and R. 411-29 are increased: 1° By one month, when the claim is brought: a) Either before a court whose registered office is in mainland France, for parties residing in Guadeloupe, French Guiana, Martinique, Reunion, Mayotte, Saint-Barthélemy, Saint-Martin, Saint-Pierre-et-Miquelon, French Polynesia, the Wallis and Futuna Islands, New Caledonia or the French Southern and Antarctic Territories; b) Or before a…

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Article D412-10 of the French Intellectual Property Code

The duties of the person in charge of missions falling within the remit of the national plant variety authority are: receiving, registering and examining applications for plant variety certificates and objections to the issue of certificates; keeping the various registers relating to the protection of plant varieties and ensuring the registration of all acts affecting the ownership of certificates as well as the various publicities provided for ; -to liaise…

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