Yarina Laufer*

Abstract

The present paper addresses the conditions of admissibility of provisional measures in the field of intellectual property law in two different legal systems: the Romanian and Anglo-Saxon ones. The origin of these measures lie in the praetor’s interdicts. To this day, these are indispensable tools of defence against alleged infringing actions until a definitive ruling on the claim. Although the Romanian legal system’s origin is Romano-Germanic, meaning that case law not does not carry the same weight as in English law, the study will prove the essential role that case law plays in the interpretation and application of the conditions of admissibility of provisional measures in the field of intellectual property. Issued under Romanian law through the procedure of the „Presidential Order” (translated from the Romanian „ordonanţă preşedinţială”) and in English law through interim measures, provisional measures reveal specific particularities regarding their conditions of admissibility, particularities that will be punctually addressed in this study. Finally, the reader will be able to understand the conditions of admissibility, their interpretation and application in both legall systems, and will also be able to come to a documented conclusion regarding their similarities and differences.

* Avocat – SCA „Muşat şi Asociaţii Bucureşti, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..