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CLASS 46


Now in its twelfth year, Class 46 is dedicated to European trade mark law and practice. This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.

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Who we all are...
Anthonia Ghalamkarizadeh
Birgit Clark
Blog Administrator
Christian Tenkhoff
Fidel Porcuna
Gino Van Roeyen
Markku Tuominen
Niamh Hall
Nikos Prentoulis
Stefan Schröter
Tomasz Rychlicki
Yvonne Onomor
WEDNESDAY, 8 DECEMBER 2021
Study on enforcement of foreign court decisions

The MARQUES Dispute Resolution Team is pleased to provide MARQUES members with a study related to enforcement of a foreign court decision in various countries.

The study, in the form of a chart, explains the procedures in more than 20 countries and may be updated with more countries in the future.

It can be viewed and downloaded on the Team page here (MARQUES log-in required).

The study is structured around legal and practical questions that arise when IP practitioners are confronted with such enforcement, such as:

  • The legal framework and timing
  • What is the competent authority to enforce a decision?
  • Which documents are needed?
  • Is a translation needed and if so must it be certified?
  • Can the decision be challenged or appealed?
  • What measure are available to a creditor?
  • What enforcement powers are there?
  • Is exequatur mandatory to enforce a foreign decision? And if so what are the requirements?
  • What factors will courts take into consideration?
  • How are decisions enforced in practice?

The Dispute Resolution Team send warm thanks to all contributors.

Posted by: Blog Administrator @ 08.29
Tags: foreign enforcement, exequatur,
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MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


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