This judgment issued by the highest court for civil cases in France may be of interest to patent practitioners, although it concerns Article 98 of the Council Regulation (EC) No. 40/94 of 20 December 1993 on the community trademark.
It is about the territorial scope of the injunction granted by a community trademark court. The Cour de cassation asks a preliminary ruling of ECJ to determine whether such injunction has automatically effect on the entire territory or the EC and, if not, whether the court is entitled to extend the injunction to other States. The ECJ answer to these questions may have some impact on cross border patent litigation.
The questions (in their unofficial translation) are: