Chapter 3

in force

JURISDICTION OF THE COURT

Benelux Convention on Intellectual Property (BCIP) (Benelux-verdrag inzake de intellectuele eigendom) · Articles: 10

Section None

JURISDICTION OF THE COURT

2.11 Article 2.11

The Office shall refuse to register a trademark if, in its judgment, any of the absolute grounds referred to in Article 2.2bis, paragraph 1, are…

2.12 Article 2.12 repealed

2.13 Article 2.13

Article 2.11, paragraphs 1 and 2, shall apply mutatis mutandis to international applications.

3.16 Article 3.16

Without prejudice to the application of common law regarding liability for tort, the holder of a design or model may, on the basis of his exclusive…

3.17 Article 3.17

On the basis of the exclusive right, the holder may only claim damages for the acts enumerated in Article 3.16 if these have taken place after the…

3.18 Article 3.18

Without prejudice to the damages due to the holder of an exclusive right to a design or model on account of the infringement, and without…

3.19 Article 3.19

The exclusive right to a design or model does not imply the right to oppose:

3.20 Article 3.20

A right of prior use is granted to a third party who, prior to the date of filing of a design or model or prior to the priority date, has…

4.5 Article 4.5

Without prejudice to the provisions of Articles 2.14 and 2.30bis, only the court has jurisdiction to render judgment in proceedings based on this…

4.6 Article 4.6

Unless expressly agreed otherwise, the territorial jurisdiction of the court in matters concerning trademarks or designs or models shall be…