Upon the filing of a notice of defect by the party adversely affected by the decision, the proceedings shall be continued if the court has violated this party’s right to be heard in a manner which has a decisive influence on the decision. A notice of defect shall not be an available remedy against a decision given prior to the final decision. Section 321a (2) to (5) of the Code of Civil Procedure shall apply accordingly.
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Part 3 · Proceedings in the course of trade mark matters › Chapter 6 · Proceedings before the Federal Court of Justice › Section 89a
Remedy in case of an infringement of the right to be heard
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