Regulation of Provisional Measures for the Enforcement of Intellectual Property Rights Under the Romanian Legislation: Consequences of the Enactment of Art. 252, 255 and 257 of the Romanian Civil Code
Romanian Review of Private Law, No. 6/2011
29 Pages Posted: 27 Jun 2013
Date Written: October 1, 2011
Art. 252-257 of the Civil Code regulates the defense of non-patrimonial rights (including those which result from intellectual creations) and set up interim measures for preventing the infringement of rights and for assuring the preservation of evidence, in the proceeding of the presidential ordinance.
The proceeding of the presidential ordinance set forth at art.255 of the Civil Procedure Code is regulated by rules derogating from the framework rule regarding the intellectual property rights, from the provisions of the applicable Civil Procedure Code and from the provisions of the New Civil Procedure Code.
New legislative solutions are adopted: if the application for setting up interim measures is lodged before filing the well-founded claim for defending the non-patrimonial right, the judge shall be obliged to decide the deadline when the plaintiff is obliged to file the well-founded claim; if the well-founded claim is rejected as being unfounded, if the plaintiff did not commit a fault or committed ordinary negligence, the court may refuse to oblige him to pay the damages requested by the defendant or may reduce these accordingly; the bail application is settled within the proceeding of the presidential ordinance; if the defendant opposes to pay bail, the court shall decide a deadline in order to file the well-founded claim, which cannot exceed 30 days from the adjudication of the decision, under the pain of the lawful cessation of the measure of making the amount deposited as bail unavailable.
Consequently, the correlation of these new normative provisions with the general legal framework for assuring coherence regarding the defense of the intellectual property rights both in the construction and enforcement of law, and in the perspective of laws improvement, shall be required.
Note: Downloadable document is in Romanian.
Keywords: interim measures, intellectual property rights, infringement proceedings, presidential ordinance
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