Aspects regarding the legal regime of the complaint against the decisions of the review board, the withdrawal and nullity of the patent as regulated under the Law no. 64/1991 on patents Cover Image
  • Price 4.50 €

Aspecte referitoare la regimul juridic al contestaţiei împotriva hotărârilor comisiei de examinare, revocării şi nulităţii brevetului de invenţie în reglementarea Legii nr. 64/1991 privind brevetele de invenţie
Aspects regarding the legal regime of the complaint against the decisions of the review board, the withdrawal and nullity of the patent as regulated under the Law no. 64/1991 on patents

Author(s): Teodor Bodoasca, Tiberiu Giurea
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: review board; complaint; withdrawal; reconsideration board; cancellation; procedure;

Summary/Abstract: The idea of this study has been suggested to us especially by the fact that the specialized doctrine generally grants but little attention to the complaints against the review board decisions, respectively to the withdrawal and nullity of the patent, or simply ignores them. As regulated under the Law no. 64/1991, we find ourselves in the presence of sui generis legal institutions, where the aspects derogating from the common law are not necessarily determined by the specificities of the review board decisions or of the patent, but, instead, by the legislator’s lack of accuracy. Hence, we have also tackled the normative discrepancies in the field, as well as the substantiation of pertinent solutions de lege ferenda.

  • Issue Year: 2020
  • Issue No: 3
  • Page Range: 46-68
  • Page Count: 12
  • Language: Romanian
Toggle Accessibility Mode