Article 82
International jurisdiction
- Subject to the provisions of this Regulation and to any
provisions of the Convention on Jurisdiction and Enforcement
applicable by virtue of Article 79, proceedings in respect of the
actions and claims referred to in Article 81 shall be brought in
the courts of the Member State in which the defendant is
domiciled or, if he is not domiciled in any of the Member
States, in any Member State in which he has an establishment.
- If the defendant is neither domiciled nor has an establish
ment in any of the Member States, such proceedings shall be
brought in the courts of the Member State in which the plain
tiff is domiciled or, if he is not domiciled in any of the Member
States, in any Member State in which he has an establishment.
- If neither the defendant nor the plaintiff is so domiciled
or has such an establishment, such proceedings shall be
brought in the courts of the Member State where the Office has
its seat.
- Notwithstanding paragraphs 1, 2 and 3:
(a) Article 17 of the Convention on Jurisdiction and Enforce
ment shall apply if the parties agree that a different
Community design court shall have jurisdiction;
(b) Article 18 of that Convention shall apply if the defendant
enters an appearance before a different Community design
court.
- Proceedings in respect of the actions and claims referred
to in Article 81(a) and (d) may also be brought in the courts of
the Member State in which the act of infringement has been
committed or threatened.