Prejudice of the act of justice in the field of intellectual property Cover Image
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Преюдиция на правораздавателния акт в областта на интелектуалната собственост
Prejudice of the act of justice in the field of intellectual property

Author(s): Veselina Maneva
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Law on Economics
Published by: Институт за държавата и правото - Българска академия на науките
Keywords: court; court decision; legal force of the court decision; prejudice; presumption; practice of the European Union Court of Justice

Summary/Abstract: Subject of the study are the issues of the independence of the judicial authority and the essence of the judicial decision. The decisive signs of the decision are considered: legality and justification. One of the effects of the material legal force - this is the prejudice. It establishes the objective connection between civil and administrative cases in patent infringement disputes (as well as other industrial property objects). A case law of the Court of Justice of the European Union has been brought in causes of prejudice request by the Sofia City Court. The relationship between prejudice and presumption is clarified.

  • Issue Year: LIX/2018
  • Issue No: 2
  • Page Range: 90-102
  • Page Count: 13
  • Language: Bulgarian