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Article R716-13 of the French Intellectual Property Code

An application for invalidity or revocation of a trade mark shall be inadmissible where a decision relating to an application having the same subject matter and cause of action has been given between the same parties in the same capacity by the National Institute of Industrial Property or by a court and that decision is no longer subject to appeal. Without prejudice to the provisions of the second paragraph of…

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Article R716-14 of the French Intellectual Property Code

Where a counterclaim for invalidity or revocation of a trade mark is brought before a court subsequent to a claim brought between the same parties and in respect of the same facts before the National Institute of Industrial Property, the court may stay the proceedings until the day on which the decision on the invalidity or revocation is no longer subject to appeal. During the stay of proceedings, any provisional…

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Article R716-15 of the French Intellectual Property Code

The period provided for in the last paragraph of article L. 716-4-6 and given to the applicant to lodge a civil or criminal action on the merits, or a complaint with the public prosecutor, is twenty working days or thirty-one calendar days, whichever is longer, from the date of the order. .

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Article R716-16 of the French Intellectual Property Code

The seizure, whether descriptive or real, provided for in Article L. 716-7 shall be ordered by the president of the judicial court with jurisdiction to hear the case on the merits. The president may authorise the bailiff to make any useful findings with a view to establishing the origin, consistency and extent of the infringement. In order to ensure the protection of business secrecy, the president may ex officio order…

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Article R716-17 of the French Intellectual Property Code

Where the judge has made the seizure subject to the provision of guarantees by the claimant, these must be provided before the seizure is carried out. On pain of nullity and damages against the bailiff, the latter must, before proceeding with the seizure, give copies to the holders of the objects seized or described of the order and, where applicable, of the deed recording the provision of guarantees. A copy…

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Article R716-21 of the French Intellectual Property Code

The seat and jurisdiction of the judicial courts with exclusive jurisdiction to hear trade mark actions pursuant to article L. 716-5 du code de la propriété intellectuelle are set in accordance with Table VI annexed to article D. 211-6-1 of the code de l’organisation judiciaire.

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