Hostname: page-component-5c6d5d7d68-wp2c8 Total loading time: 0 Render date: 2024-08-16T04:33:43.421Z Has data issue: false hasContentIssue false

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

Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)