Last March, the General Court of the EU
(“TG”) agreed to reform its Rules of Procedure. The new text
procedural introduces some important news in the section related to
litigation regarding industrial and intellectual property rights (procedures
judicial proceedings related to trademarks and community designs). Among these
novelties the following can be highlighted:
- In direct appeals, the language of the procedure
will be chosen by the applicant from among the official languages of the EU. In
those cases in which the intervener objects to the language of the appeal
chosen by the applicant, the language of the decision of the Board of Appeal of
the OHIM contested before the TG, will become the language of the proceedings.
- The possibility that the writings
initials of the parties can be completed with reply writings and
rejoinder.
- The letter of accession to the appeal by the
intervener must be presented in a separate writing different from the written
response to the appeal.
- The writing of adhesion to the appeal will be considered
devoid of purpose when the plaintiff in the main appeal withdraws from the
itself or when the main appeal is declared manifestly inadmissible.
- In terms of costs, the possibility of
that in those cases in which the appeal filed is upheld, the TG
may order OHIM to bear only its own costs (and the
victorious plaintiff assumes his responsibility).
- The possibility is introduced that this type of
appeals can be resolved by a single judge.
- And it also introduces the possibility that the
Attorney General can intervene in this type of appeal in those cases that
have special difficulty or complexity.
The new procedural regulations came into force last
July 1, 2015.
July 1, 2015.
Author Enrique Armijo Chávarri
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