CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA
The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, t...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Nicolae Titulescu University Publishing House
2014-05-01
|
| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2014_intellectual_property_law_art.046.pdf |
| Summary: | The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, the article examines what could be the hurdles imposed by the Romanian legislator (mostly by not providing sufficiently tailored means in respect of intellectual property rights) on the right-holder and proposes that, in light of the problems as reflected in the courts' practice, a legislative intervention be undertaken in order to better adapt the means to the purpose envisaged. |
|---|---|
| ISSN: | 2068-7796 2068-7796 |