Single chapter

I. - For their application in New Caledonia, Articles L. 717-1, L. 717-4 and Article L. 717-7 of this Code shall read as follows:

"Art. L. 717-1. :

I. - The use in the course of trade by a third party, without the consent of the proprietor of the Community trade mark, shall constitute an infringement giving rise to civil liability on the part of the infringer:

a) Of a sign identical to the Community trade mark for goods or services identical to those for which it is registered;

b) Of a sign in respect of which, by reason of its identity with or similarity to the Community trade mark and by reason of the identity or similarity of the goods or services covered by the Community trade mark and the sign, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association between the sign and the trade mark;

c) A sign identical with, or similar to, the Community trade mark in relation to goods or services which are not similar to those for which the Community trade mark is registered, where the Community trade mark has a reputation in the European Community and use of the sign without due cause takes unfair advantage of, or is detrimental to, the distinctive character or the repute of the Community trade mark.

II. - In particular, the following may constitute an infringement:

a) Affixing to the goods or their packaging a sign as defined in I;

b) Offering the goods or putting them on the market or holding them for those purposes or offering or providing services under that sign;

c) Importing or exporting the goods under that sign;

d) Using that sign in business papers and advertising.

III. - Also constitutes an infringement:

a) The reproduction of a Community trade mark in a dictionary, encyclopaedia or similar work, where it gives the impression of constituting the generic term for the goods or services for which the Community trade mark is registered, unless the publisher ensures, at the request of the proprietor of that trade mark, that the reproduction thereof is, at the latest in the next edition of the work, accompanied by the indication that it is a registered trade mark ;

b) The registration and use of a Community trade mark by an agent or representative of the proprietor thereof, without the authorisation of the latter, unless the agent or representative can justify his actions.

IV. - A Community trade mark shall not be enforceable against third parties until the publication of its registration. However, compensation may be claimed for acts subsequent to the publication of a Community trade mark application which, after the publication of the registration of the trade mark, would be prohibited by virtue of the trade mark. The court seised may not rule on the merits of the case until the registration has been published.

V. - The right conferred by a Community trade mark shall not entitle its proprietor to prohibit its use in relation to goods which have been put on the market under that trade mark by the proprietor or with his consent, in the European Community, in the European Economic Area, in French Polynesia or in New Caledonia. This shall not be the case where there are legitimate grounds for the proprietor to oppose the subsequent marketing of the goods, in particular where the condition of the goods is modified or altered after they have been placed on the market."

"Art. L. 717-4. :

A decree of the Council of State shall determine the seat and jurisdiction of the courts of first instance and of appeal which shall have exclusive jurisdiction to hear:

a) Actions for infringement of a Community trade mark;

b) Actions for compensation brought under the conditions provided for in IV of Article L.717-1.

c) Counterclaims for revocation or invalidity of the Community trade mark provided that they are based on the grounds applicable to the Community trade mark.

These courts shall have jurisdiction to hear such actions and claims, including where they concern both a trade mark matter and a related design or unfair competition matter."

"Art. L. 717-7. :

Any final decision of the Office for Harmonization in the Internal Market setting the amount of costs shall be deemed to be an enforceable title when the enforcement formula is affixed by the National Institute of Industrial Property, after verification of the authenticity of the title.

The interested party may then pursue compulsory enforcement, which shall then be governed by the rules of civil procedure in force at the place of enforcement."

II. - For the application of Article L. 717-5 in the same territory, the first paragraph of this Article is replaced by the following provisions:

"Art. L. 717-5. :

I. - A Community trade mark application or a Community trade mark may only be converted into a national trade mark application:

a) To the extent that the Community trade mark application is rejected, withdrawn or deemed withdrawn;

b) To the extent that the Community trade mark ceases to have effect.

II. - Conversion shall not take place:

a) Where the proprietor of the Community trade mark has been deprived of his rights for failure to use that trade mark, unless the Community trade mark has been used in France under conditions which constitute genuine use within the meaning of Article L. 714-5;

b) Where it is established, by application of a decision of the Office for Harmonisation in the Internal Market or of the national court, that the application or the Community trade mark is affected in France by a ground for refusal of registration, invalidity or revocation.

III. - A national trade mark application resulting from the conversion of a Community application or trade mark shall benefit from the filing date or priority date of that application or trade mark and, where applicable, from the seniority of a national trade mark previously registered and validly claimed."