Commission Implementing Regulation (EU) 2018/626 TITLE IX — ADMINISTRATIVE COOPERATION

Article 20–Article 21 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Exchange of information between the Office and the authorities of the Member States

Article 20

1. Without prejudice to Article 152 of Regulation (EU) 2017/1001, the Office and the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property, shall, upon request, communicate to each other relevant information about the filing of applications for EU trade marks or national marks and about proceedings relating to such applications and the marks registered as a result thereof. 2. The Office and the courts or authorities of the Member States shall exchange information for the purposes of Regulation (EU) 2017/1001 directly or through the central industrial property offices of the Member States. 3. Expenditure in respect of communications under paragraphs 1 and 2 shall be chargeable to the authority making the communications. Such communications shall be exempt from fees.

Opening of files for inspection

Article 21

1. Inspection of files relating to EU trade mark applications or registered EU trade marks by courts or authorities of the Member States shall be of the original documents or of copies thereof, or of technical means of storage if the files are stored in this way. 2. The Office shall, at the time of transmission of files relating to EU trade marks applied for or registered, or copies thereof, to the courts or public prosecutors' offices of the Member States, indicate the restrictions to which the inspection of those files is subject pursuant to Article 114 of Regulation (EU) 2017/1001. 3. Courts or public prosecutors' offices of the Member States may, in the course of proceedings before them, open files or copies thereof transmitted to them by the Office to inspection by third parties. Such inspection shall be subject to Article 114 of Regulation (EU) 2017/1001.

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