On the Admissibility of the Presidential Ordinance for Measures to Terminate Acts for the Infringement of Industrial Property Rights

Author:Georgeta Modiga, Andreea Miclea
Pages:113-117
SUMMARY

Given that the special laws on industrial property (trademarks, geographical indications, patents, models and industrial designs) do not contain any special rules regarding the procedural particularities of the Presidential Ordinance for taking measures to stop acts of infringement of industrial property rights, we propose to present the special legal conditions of common law for the exercise of... (see full summary)

 
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Legal Sciences in the New Millennium
113
On the Admissibility of the Presidential Ordinance for Measures to
Terminate Acts for the Infringement of Industrial Property Rights
Georgeta Modiga1, Andreea Miclea2
Abstract: Given that the sp ecial laws on industrial property (trade marks, geographical indications, patents,
models and industrial designs) do not contain any special rules regarding the procedural particularities of the
Presidential Ordinance for taking measures to stop acts of infringement of industrial property rights, we propose
to present the special legal condition s of common law for the exercise of the presidential ordinance, provided
for in art. 997, par. 1 Code of Civil Procedure, in the light of the particularities determined by the specificity of
industrial property rights.
Keywords: Presidential Ordinance; industrial property rights; common law
In principle, the presidential ordinance may also be issued in the field of industrial property for the
cessation of acts of infringement of industrial property rights, if the special legal requirements of
common law are cumulatively fulfilled: the appearance of the law, the urgency of the measure to be
taken, the temporal character of the measure and the failure to judge the fund.
The peculiarities are determined by the specificity of industrial property rights, which must be found in
titles obtained in procedures governed by special laws, these being absolute real rights of industrial
property, erga omnes opposable (Roș, 2003, pp. 633-634) (within the limits of the principles of
specialty, territoriality and temporary character, established by Law for each of these rights), with the
content expressly and legally regulated.
The special regulations in the matter insurance provisions in the industrial property domain expressly
providing for the possibility for the plaintiff to make bail. The examination of this condition of
admissibility is, however, a matter of further examination of the other conditions of admissibility of the
presidential decree, which must be retained as previously agreed, given their mandatory and peremptory
character (in relation to the optional initial and the dilatory nature of the bail).
The condition- premises from which the examination of the admissibility of the request made by way
of the Presidential Ordinance is the appearance of the subjective right which would be prejudiced by
delay and which must be retained accordingly or in connection with which an imminent loss would
occur and which could not be repaired and, consequently, necessary to be prevented.
1 Professor, PhD, Faculty of Law, Danubius University of Galati, Romania, Address: 3 Galati Blvd., Galati 800654, Romania,
Tel.: +40372361102, Corresponding author: georgeta.modiga@univ-danubius.ro.
2 PhD in progress, University of Titu Maiorescu, Romania, Address: 22 Dâmbovnicului Str., Bucharest 040441, Romania, E-
mail: andreea.miclea@vasiliumiclea.ro.

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