Laikinųjų apsaugos priemonių taikymo intelektinės nuosavybės apsaugos bylose ypatumai.
MetadataShow full item record
The article analyzes the difference between the usage of provisional protection measures on general basics consolidated in the Civil procedure code and provisional protection measures by the intellectual property enforcement laws, established for the implementation of the Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 on the enforcement of intellectual property rights. The article consists of two parts. In the first part the institute of provisional protection measures legal regulation by Civil procedure code is analyzed. Reviewed practice of the Court of Appeals of Lithuania as the agency which formulates the whole courts practice of the implementation of provisional protection measures; discussed circumstances which are established in the use of provisional protection measures. According to Civil procedure code the objective of provisional protection measures is to keep the status quo between parties and to secure courts decision’s feasibility. By the practice formulated by the Court of Appeals of Lithuania provisional protection measure, which doesnot fit to the plaintiff’s demands matter and not bounded up with the courts decision’s secure in the concrete case, cannot be applied. Also cannot be applied provisional protection measures if: the matter can be solved substantially by using only these measures and including cases on intellectual property protection, if court decision can be implemented without the usage of provisional protection measures. Lithuanian Republic courts practice, pending the question of provisional protection measures, establishes that the plaint legitimacy has no legal import. These are the most important circumstances found in the usage of provisional protection measures by general Civil procedure code basics. [...]
- Straipsniai / Articles