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S.a.r.l. “Koh-I-Noor—L. et C. Hardtmuth” v. S.A.Agebel and Société de Droit Tchécoslovaque Entreprise Nationale Koh-I-Noor.

Belgium.  17 March 1959 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Territorallimits of — Foreign confiscatory legislation — Effects on assets situate abroad — Effect on trade-marks registered in International Register and in register of State of forum — The law of Belgium.

The individual in international law — Nationality — Imposition of — Establishment of Protectorate of Bohemia Moravia in 1938 — Non-recognition of German nationality imposed thereby — Expropriation of Czech firm not justifiable as “seizure of enemy property” — The law of Belgium.

States as international persons — Recognition of acts of foreign States — Legislative acts — Nationalization decrees — Effect on property in State of forum — Position of trade-marks and firm name registered in State of forum — Expropriation and nationalization in Czechoslovakia of Czech firm with foreign assets, including registered name and trade-marks — Subsequent formation of French company by expropriated owners — Claim by French company and by Czech National Enterprise of sole right to use firm name and trade-marks in Belgium — Action for infringement of trade-mark and “unfair competition” — Status of Czech firm — The law of Austria and of Czechoslovakia — Status of French company — The law of France and of Belgium — Whether Czech nationalization decrees effective in Belgium — Confiscation without compensation — Ethnic discrimination — Public policy — Effect of registration of trade-marks and firm name in Belgium and Berne — Paris Convention, 1925, and Madrid Arrangement, 1891 — Effect of registration of transfer of trade-marks and firm name by Czech National Enterprise — Priority — Effect of temporary non-use of registered trade-marks — The law of Belgium.

Type
Case Report
Copyright
© Cambridge University Press 1974

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