Aspecte procedurale particulare privind angajarea răspunderii juridice civile pentru nesocotirea drepturilor rezultate din realizarea unei invenţii sau din acordarea brevetului de invenţie
Specific procedural issues on establishing the civil legal liability for failure to observe the rights derived from an invention or from the granting of a patent

Summary/Abstract: Articles 60-61 of Law no. 64/1991 on patents4 establish certain particular procedure rules for the settlement of disputes relating to the capacity of inventor or patent holder or having as object other rights derived from the granting of a patent. Specifically, article 60 contains a rule of material competence in the case of three categories of disputes [paragraph (1)] and the enforceability against third parties of court decisions delivered for the settlement of such disputes [paragraph (2)]. In exchange, article 61 lays down special rules in connection with the application of provisional measures, in the case of violation of the economic rights conferred by the patent. Given that article 60 paragraph (1) refers to „disputes”5, while article 61 of Law no. 64/1991 regulates „provisional measures”6, we conclude that we are in the presence of civil procedure rules that apply with priority in relation to the general legislation, in accordance with the incontestable principle specialia generalibus derogant. In fact, the reference made in article 61 paragraph (3) to the provisions of the Civil Procedure Code reinforces this conclusion. By this study we aim in particular to make a logical and legal analysis of the said provisions of Law no. 65/1991 and of the current Civil Procedure Code and to substantiate several de lege ferenda proposals for the improvement of legislative solutions in this field.

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