Câteva aspecte practice privind competenţa de soluţionare a cererilor de măsuri provizorii în materia drepturilor de proprietate intelectuală
Some practical issues concerning jurisdiction on claims for provisional measures concerning intellectual property rights

Summary/Abstract: The article aims to bring forward some practical issues surrounding jurisdiction in what concerns claims for provisional measures for the protection of intellectual property rights in Romania. These types of protection measures are essential, within the arsenal of procedural means needed by substantial law provisions, for the insuring of a proper defense of intellectual property rights. This is manifest in the importance such are given in international instruments (such as TRIPS) and EU instruments (such as the IP Enforcement Directive). As a component to the rights of access to a court, states must insure rules for jurisdiction that do not leave possible claimants with no reasonable and practical alternative. This should be further insured by Romanian civil procedural law. We proceed to analyze the law and practice to determine the general rule and the specifics of jurisdiction in Romania for intellectual property-related claims. We then indicate the special rules applicable for provisional measures and their current interpretation in practice.

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