Article 95
Parallel actions on the basis of Community designs and national design rights
- Where actions for infringement or for threatened
infringement involving the same cause of action and between
the same parties are brought before the courts of different
Member States, one seized on the basis of a Community design
and the other seized on the basis of a national design right
providing simultaneous protection, the court other than the
court first seized shall of its own motion decline jurisdiction in
favour of that court. The court which would be required to
decline jurisdiction may stay its proceedings if the jurisdiction
of the other court is contested.
- The Community design court hearing an action for
infringement or threatened infringement on the basis of a
Community design shall reject the action if a final judgment on
the merits has been given on the same cause of action and
between the same parties on the basis of a design right
providing simultaneous protection.
- The court hearing an action for infringement or for
threatened infringement on the basis of a national design right
shall reject the action if a final judgment on the merits has
been given on the same cause of action and between the same
parties on the basis of a Community design providing simulta
neous protection.
- Paragraphs 1, 2 and 3 shall not apply in respect of
provisional measures, including protective measures.