Regulatory part

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…

As soon as it is constituted, the defendant’s lawyer shall inform the plaintiff’s lawyer and, by registered letter with acknowledgement of receipt, the Director General of the National Institute of Industrial Property. A copy of the act of constitution shall be filed with the court registry.

The Registrar shall send to the Director General of the National Institute of Industrial Property, by simple letter, a copy of the notice of appeal. As soon as he is notified of the appeal, the Director General of the National Institute of Industrial Property shall transmit to the Court Registry the file of the case, which shall include the written observations and exhibits transmitted by the parties and all the…