Article 79
Application of the Convention on Jurisdiction and Enforcement
- Unless otherwise specified in this Regulation, the Conven
tion on Jurisdiction and the Enforcement of Judgements in Civil
and Commercial Matters, signed in Brussels on 27 September
1968, hereinafter referred to as the ‘Convention on Jurisdic
tion and Enforcement’, shall apply to proceedings relating to
Community designs and applications for registered Community
designs, as well as to proceedings relating to actions on the
basis of Community designs and national designs enjoying
simultaneous protection.
- The provisions of the Convention on Jurisdiction and
Enforcement which are rendered applicable by the paragraph 1
shall have effect in respect of any Member State solely in the
text which is in force in respect of that State at any given time.
- In the event of proceedings in respect of the actions and
claims referred to in Article 85:
(a) Articles 2, 4, 5(1), (3), (4) and (5), 16(4) and 24 of the
Convention on Jurisdiction and Enforcement shall not
apply;
(b) Articles 17 and 18 of that Convention shall apply subject
to the limitations in Article 82(4) of this Regulation;
(c) the provisions of Title II of that Convention which are
applicable to persons domiciled in a Member State shall
also be applicable to persons who do not have a domicile
in any Member State but have an establishment therein.
- The provisions of the Convention on Jurisdiction and
Enforcement shall not have effect in respect of any Member
State for which that Convention has not yet entered into force.
Until such entry into force, proceedings referred to in para
graph 1 shall be governed in such a Member State by any
bilateral or multilateral convention governing its relationship
with another Member State concerned, or, if no such conven
tion exists, by its domestic law on jurisdiction, recognition and
enforcement of decisions.