1 December 2010Jurisdiction reportsEszter Szakács

Trademark infringement and revocation

According to the rules of civil procedure, the court can suspend any lawsuit if its adjudication is dependent on the outcome of another— ongoing—administrative or civil lawsuit, forming a preliminary question. The courts have confirmed that in an infringement proceeding, the court will start by looking at the actually registered status of the patent, and if a revocation proceeding is started, the infringement court has no competence to prejudice its outcome.

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