Section 3: Appeals to the Court of Appeal against decisions of the Director General of the National Institute of Industrial Property

Appeals lodged against the decisions referred to in the first paragraph of Article L. 411-4 are actions for annulment. Appeals lodged against the decisions referred to in the second paragraph of the same Article L. 411-4 are actions for reversal. They refer the entire dispute to the court. The court rules on the facts and the law.

The Court of Appeal with territorial jurisdiction to hear directly appeals against decisions of the Director General of the National Institute of Industrial Property referred to in Article R. 411-19 shall be that of the place of residence of the person lodging the appeal.

The seat and jurisdiction of the courts of appeal with jurisdiction to hear the actions referred to in article R. 411-19 are determined in accordance with table XVI appended to article D. 311-8 of the code de l’organisation judiciaire. When the person lodging the appeal lives abroad, the Paris court of appeal has jurisdiction. An address for service must be given within the jurisdiction of that court. However, the Paris…

Subject to the specific provisions of this section, the appeals referred to in article R. 411-19 shall be lodged, investigated and judged in accordance with the provisions of the Code of Civil Procedure.

The appeals referred to in article R. 411-19 shall be lodged within one month of notification of the decisions in question.

The parties are required to constitute a lawyer. The constitution of the lawyer entails election of domicile.

The National Institute of Industrial Property is not a party to the proceedings. The Court of Appeal shall rule after hearing the Director General of the National Institute of Industrial Property or the Director General of the National Institute of Industrial Property who has been summoned and after giving him an opportunity to present written or oral observations. The Public Prosecutor may take notice of cases in which he considers…

On pain of inadmissibility raised automatically, the procedural documents shall be submitted to the court by electronic means. Where this cannot be the case, for a reason unrelated to the person completing them, these documents shall be submitted on paper to the court registry or shall be sent to it by registered letter with acknowledgement of receipt. The notice of appeal is then delivered or sent to the court registry…

Appeals shall be brought before the Court of Appeal by deed containing, in addition to the particulars prescribed by 3° of Article 54 of the Code of Civil Procedure, and on pain of nullity: 1° The unique identification number of the applicant company or any document equivalent to the extract of registration in the trade and companies register for operators located outside France; 2° The subject of the appeal; 3°…

The Registrar shall without delay send to all the parties to whom the decision of the Director General of the National Institute of Industrial Property has been notified, by simple letter, a copy of the notice of appeal with an indication of the obligation to constitute a lawyer. If the letter of notification is returned to the registry or if the defendant has not constituted a lawyer within a period…