The procedure of provisional measures in matters of intellectual property rights in the new code of civil procedure. Overview Cover Image
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Procedura măsurilor provizorii în materia drepturilor de proprietate intelectuală din noul cod de procedura civilă. Prezentare generală
The procedure of provisional measures in matters of intellectual property rights in the new code of civil procedure. Overview

Author(s): Catuna Ligia
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: new Code of Civil procedure; intellectual property rights; provisional measures; court; appeal

Summary/Abstract: The present contribution presents the new regulations of the New Civil Procedural Code regarding the specific provisional measures regarding the protection of the intellectual property rights. Even if in the present procedural civil code the protection of these rights is possible under the urgent procedural rules, the new code establish new rules for the provisional measures that can be taken by the judges in the field of the protection of the intellectual property rights. The claim starts on the base of the demand of the plaintiff who can ask provisional measures provisions for the protection of the intellectual property rights, measures that will produce effects until in the main case will be pronounced the final decision. If the plaintiff does not intent to promote a main trial in the delay indicated by the judgement, the measures taken by the judges will end latest in 30 days after there were taken. The article is in fact a general presentation of the new special procedural section introduced by the new regulation of the civil trial, new procedure that is mandatory to be followed by the parts of this specific kind of trial, and also for the judges.

  • Issue Year: 2012
  • Issue No: 04
  • Page Range: 63-72
  • Page Count: 10
  • Language: Romanian