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Article L716-11-2 of the French Intellectual Property Code

Corporate entities held criminally liable, under the conditions set out in the’article 121-2 of the Criminal Code, for the offences defined in articles L. 716-9 to L. 716-11 shall incur, in addition to the fine in accordance with the procedures laid down by Article 131-38 of the Criminal Code, the penalties laid down by l’article 131-39 du même code. The prohibition mentioned in 2° of article 131-39 of the same…

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Article L716-12 of the French Intellectual Property Code

In the event of a repeat offence of the offences defined in Articles L. 716-9 to L. 716-11, or if the offender is or has been bound by an agreement with the injured party, the penalties incurred shall be doubled. The offenders may, in addition, be deprived for a period not exceeding five years of the right to be elected and to stand as a candidate for the commercial courts,…

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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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