- Alert: AG opines on the lis pendens rule (Merck v Merck)
- Original news
- Key point
IP & IT analysis: The Advocate General has opined that Article 109(1)(a) of Council Regulation (EC) No 207/2009 must be interpreted as meaning that, where two actions for infringement are brought before courts of different Member States, the first on the basis of a national trade mark, concerning infringement within the territory of a Member State, and the second on the basis of an EU trade mark, concerning infringement in relation to the entire territory of the European Union, those actions coincide only partly, to the extent that they concern the territory of that Member State. The EU trade mark court, where it is the second court seised, must of its own motion decline jurisdiction as regards the part of the action which concerns the territory common to both actions.
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