Prior Use. See Art. 37 CPC 1989 See Art. 13 ProtLit 1989 To the best of delegations' knowledge the provisions of Arts. 38 - 40 as proposed in this draft are compatible with Community Law (Reg. 44/2001) as well as with the Brussels and Lugano Conventions. The sub-group is aware, though, that this question is still under scrutiny by the legal services of the Commission and of several member states.
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Sources: Draft Agreement on the Establishment of a European Patent Litigation System, Draft Agreement on the Establishment of a European Patent Litigation System