Alin Speriusi Vlad*

 

Abstract

This article reffers to the specials provisions of the industrial property Romanian regulations regarding the chalange in to the court of the legal protection granted through the patent and the registration certificate issued by the Romanian National Industrial Property Authorities. All this specials provisions are representing a special judicial procedure instituted to control the regularity of preliminary administrative mentionned above. We must not think that the recognition and the protection of industrial property rights is asurred through this special judicial procedures. The recognition, the exploatation and the protection of the intellectual property rights, including industrial property ones, are the object of the intellectual property substantive judicial procedures. During these last procedures the judge annalyzes the substantive (general and specials) conditions for recognizing a form of legal protection for the intelectual creations. During the special judicial procedures the judge annalyzes the conflicts of rights caused by the release or refusal of release of the document attesting a form of legal protection.

 

*Lector universitar doctor la Facultatea de Drept din cadrul Universităţii de Vest din Timişoara; Avocat Baroul Timiş, E mail: alin.speriusi@e uvt.ro

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