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...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2014-05-01
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| Series: | Challenges of the Knowledge Society |
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| 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 |
| _version_ | 1811253686532308992 |
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| author | Paul-George BUTA |
| author_facet | Paul-George BUTA |
| author_sort | Paul-George BUTA |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-12T16:54:42Z |
| format | Article |
| id | doaj.art-6ebdca5b578e4c5ab951ad7ee0a272a6 |
| institution | Directory Open Access Journal |
| issn | 2068-7796 2068-7796 |
| language | English |
| last_indexed | 2024-04-12T16:54:42Z |
| publishDate | 2014-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj.art-6ebdca5b578e4c5ab951ad7ee0a272a62022-12-22T03:24:16ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962014-05-0141441448CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIAPaul-George BUTA0Assistant Professor, PhD Candidate, Faculty of Law, “Nicolae Titulescu” University of Bucharest (e-mail: paul.buta@univnt.ro).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.http://cks.univnt.ro/uploads/cks_2014_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS+2014_intellectual_property_law_art.046.pdfprovisional measuresinterim measuresintellectual property rightsinjunctionprocedure. |
| spellingShingle | Paul-George BUTA CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA Challenges of the Knowledge Society provisional measures interim measures intellectual property rights injunction procedure. |
| title | CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA |
| title_full | CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA |
| title_fullStr | CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA |
| title_full_unstemmed | CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA |
| title_short | CONSIDERATIONS REGARDING PROVISIONAL MEASURES FOR THE PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN ROMANIA |
| title_sort | considerations regarding provisional measures for the protection of intellectual property rights in romania |
| topic | provisional measures interim measures intellectual property rights injunction procedure. |
| url | 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 |
| work_keys_str_mv | AT paulgeorgebuta considerationsregardingprovisionalmeasuresfortheprotectionofintellectualpropertyrightsinromania |