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Упражняване на правата, произтичащи от патента
Enforcement of Patent Rights

Author(s): Veselina Maneva
Subject(s): Law, Constitution, Jurisprudence
Published by: Институт за държавата и правото - Българска академия на науките

Summary/Abstract: The enforcement of patent rights has been regulated in Part III of the Agreement on Trade Related Aspects of Intellectual Property Rights, known as TRIPs. This law is essential for international economics and international intellectual property protection. One of the advantages of the Treaty lies in its functioning as method which protects rights in their effectiveness and detailed organization. The enforcement of industrial property rights is connected with the negative aspect of this process - infringement of those rights. Disputes concerning infringement of rights proceeding from different objects of industrial property have been heard by the Sofia City Court. Protection effectiveness in Bulgarian legislation relies on procedures for legal rights defense: civil and administrative procedures and border measures and criminal procedure. Infringement of intellectual property rights entitles the claimant to base his action in court on article 310(3) of the "Fast procedure" Civil procedure code. All intellectual property rights defense procedures can be brought in together.

  • Issue Year: XLIX/2008
  • Issue No: 4
  • Page Range: 25-37
  • Page Count: 13
  • Language: Bulgarian