The European Union's Council Decision of 15 October 2007 on the signing, on behalf of the Community, of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, was posted on the Official Journal website this morning. This Decision, which covers all EU Member States other than Denmark, authorises the President of the Council to sign the Convention on behalf of the Community.

Article 22 of the Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters refers to trade marks. It provides:

"The following courts shall have exclusive jurisdiction, regardless of domicile:

...

4. in proceedings concerned with the registration or validity of patents, trade marks, designs, or other similar rights required to be deposited or registered, irrespective of whether the issue is raised by way of an action or as a defence, the courts of the State bound by this Convention in which the deposit or registration has been applied for, has taken place or is, under the terms of a Community instrument or an international convention, deemed to have taken place".