intellectual proprietary right Archives - Pavel, Margarit and Associates

The preliminary question relates to art. 8 (1) of Directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, respectively "if it must be interpreted in the sense that we are in the context of proceedings concerning an infringement of an intellectual property right and if, after the definitive conclusion of the proceedings in which it was found that an intellectual property right has been violated, the plaintiff askes, in a separate procedure, information on the origin and distribution networks of the goods or services which infringe the intellectual property right in question (for example, to be able to quantify the damage precisely and then request its reparation) ? " Art. 8 of Directive 2004/48 / EC contains provisions on the right to information, as follows: "(1) Member States shall ensure that in the context of proceedings concerning an infringement of an intellectual property right and in response to a justified and proportionate claim of the plaintiff, the competent judicial authorities to be able to order that the information on the origin and distribution networks of the goods or services that violate an intellectual property right to be provided by the infringer and / or any other person who: (a) was found in possession of counterfeit goods on a commercial scale; (b) was found to be using the infringing services on a commercial scale; (c) was found to be providing on a commercial scale services used in infringing activities or (d) was indicated by the person referred to in letter (a), (b) or (c) as being involved in the production, manufacture or distribution of goods or in the provision of services. " Directive 2004/48 / EC of the European Parliament and of the Council of 29 April 2004 concerns intellectual property rights. In Romanian legislation, the Directive was transposed through the law for approval of the Government Emergency Ordinance No. 100/2005 on the enforcement of industrial property and copyright law and Law No. 8/1996 on copyright and related rights, amended and supplemented, and by the Ordinances amending these laws.

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Preliminary ruling regarding infringement of intellectual proprietary right

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