Article 82

International jurisdiction

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.