Übersetzung für "Substantive proceedings" in Deutsch

Finally, paragraph 4 lays down, on the other hand, that the competent authorities (for example, police, customs) in possession of information of the same nature may so inform the right holder, provided the latter is known, while complying with the rules governing the protection of confidential information, in order to allow him to institute substantive proceedings before the competent court or to obtain provisional or precautionary measures.

Paragraph 3 lays down that the applicant then has 31 calendar days to institute substantive proceedings before the court, failing which the seizure is null and void, without prejudice to the damages which may be claimed from him.

That mechanism is all the more important where the defendant contests the provisional measures prescribed by the judicial authority concerned and wishes to compel the right holder to bring substantive proceedings in the course of which the defendant will be in a position to put forward his full defence.

It is therefore apparent, both from the wording of the three authentic versions of TRIPs and from the objective of Article 50(6), that the mechanism established by that provision is based on the premiss that the intellectual property right holder whose application for provisional measures has been granted will normally institute substantive proceedings seeking a definitive measure with regard to the alleged infringement of those rights, in the course of which the defendant will be in a position to put forward his full defence.

Since any judgment they might obtain could be enforced against the respondent only after enforcement proceedings before an Italian court, for reasons of procedural economy the substantive proceedings should be brought before the competent Italian court.

The court for the place of residence of the maintenance creditor had concurrent jurisdiction over the substantive proceedings (Article 5(2) of the 1968 Convention, Article 3(2) of The Hague Conven­tion).

It should be noted at the outset that there is no need, in the context of the Netherlands procedure applicable to the main proceedings, to consider whether Article 50(6) of TRIPs precludes the legislation of a Member State from providing that provisional measures ordered by the judicial authorities of that State are to lapse automatically, even where the defendant has not lodged a request to that effect, solely on the ground that no substantive proceedings have been instituted within the period prescribed.

Any claim by the consumer against the trader will lapse if no substantive legal proceedings have been brought against the trader during the course of 1 (one) year after the claim arose.

The Board simply cannot understand how it is possible to conduct substantive opposition proceedings for more than two years - as the relevant communications of 24 March and 27 November 1987 show - without apparently understanding what the substance of the opponents' case was.

This option is possible for amendments or corrections to the text proposed by the Examining Division which do not require resumption of the substantive examination proceedings.

In response to a communication under Rule 71(3), applicants may expressly indicate that they wish to waive their right to receive a further Rule 71(3) communication when filing amendments or corrections to the text proposed by the examining division which do not require resumption of the substantive examination proceedings.