Brite Strike Technologies (Judgment) [2016] EUECJ C-230/15 (14 July 2016)

Brite Strike Technologies (Judgment) [2016] EUECJ C-230/15 (14 July 2016)

Article 71 of Regulation No 44/2001, read in light of Article 350 TFEU, does not preclude the application of Article 4.6 of the BCIP for jurisdiction in Benelux trade mark and design disputes, as this derogation is indispensable for the proper functioning of the Benelux regime and consistent with EU law principles.

Source-derived case information.

Citation
[2016] EUECJ C-230/15
Parties
Applicant: Brite Strike Technologies Inc.; Respondent: Brite Strike Technologies SA
Jurisdiction
European Union
Judgment Date
14 July 2016
Procedural Posture
Preliminary Ruling / Judgment on Preliminary Reference
Outcome
Preliminary ruling issued; Article 71 of Regulation No 44/2001 does not preclude application of Article 4.6 BCIP.
Legal Topics
Jurisdiction, Recognition and Enforcement of Judgments, Trade Mark Annulment, Benelux Convention on Intellectual Property, Regulation No 44/2001, Article 71, Article 22(4)
European Union Law Intellectual Property Law Civil Procedure Jurisdiction Recognition and Enforcement of Judgments Trade Mark Annulment Benelux Convention on Intellectual Property Regulation No 44/2001 +2 more

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Parties

Brite Strike Technologies Inc.

Applicant

Brite Strike Technologies SA

Respondent

Procedural Posture

Preliminary Ruling / Judgment on Preliminary Reference

Legal Issues

  1. 1 Whether Article 71 of Regulation No 44/2001 precludes application of Article 4.6 of the BCIP for jurisdiction in Benelux trade mark disputes
  2. 2 Relationship between Regulation No 44/2001 and the Benelux Convention on Intellectual Property (BCIP)
  3. 3 Interpretation of exclusive jurisdiction rules for trade mark validity proceedings

Ratio Decidendi

Article 71 of Regulation No 44/2001, read in light of Article 350 TFEU, does not preclude the application of Article 4.6 of the BCIP for jurisdiction in Benelux trade mark and design disputes, as this derogation is indispensable for the proper functioning of the Benelux regime and consistent with EU law principles.

Court Disposition

Preliminary ruling issued; Article 71 of Regulation No 44/2001 does not preclude application of Article 4.6 BCIP.

Orders

  • Article 71 of Regulation No 44/2001, read in the light of Article 350 TFEU, does not preclude the application to those disputes of the rule of jurisdiction for disputes relating to Benelux trademarks and designs, laid down in Article 4.6 of the Benelux Convention on Intellectual Property (Trade Marks and Designs) of...