(Selection and processing by PhD. Nicoleta Elena Hegheş)

• genuine use
• revocation of rights
• partial revocation
• loss of distinctiveness
• use of trade mark
• expiry of registration period
• surrender of right

Andreea Livădariu*

Abstract
While an action for cancellation of a trade mark registration, except on the absolute ground of bad faith on the part of the applicant, is a means of loss of the trade mark right which is closely linked to the trade mark (the cancellation penalises failure to fulfil the conditions for protection of the registered sign), the action for revocation of the trade mark rights penalises the behaviour of the right holder, manifested in an action or inaction which moves him awy from the purpose for which the trade mark is registered, that of exclusive use in order to distinguish his goods from those of his
competitors. Where the sign registered as a trade mark is not used, if the non-use is the consequence of a malicious intention consisting in making it impossible for competitors to use the sign, to the extent that this was the original intention of the applicant for registration, then the sanction is cancellation of the registration. If, however, the applicant has registered a sign as a trade mark which he does not use, that use being the use protected by the trade mark right conferred by the registration, then the sanction for non-use is revocation, the effect of revocation being ex nunc, as opposed to cancellation which has ex tunc effects.

* Avocat partener în cadrul SCPA Roş şi Asociaţii (This email address is being protected from spambots. You need JavaScript enabled to view it.). Asist univ. drd. Facultatea de Drept, Universitatea „Nicolae Titulescu” din Bucureşti. Articolul de faţă reprezintă un extras din teza de doctorat cu titlul „Dobândirea şi pierderea drepturilor asupra mărcilor şi asupra desenelor şi modelelor industriale în dreptul Uniunii Europene”, susţinută public la data de 25.09.2021, calificativul primit fiind „SUMMA CUM LAUDE”.

(Selecţie şi prelucrare de lect. univ. dr. Ciprian Raul Romiţan)

• patent,
• protection,
• artificial intelligence
• economic
• unity patent

Mădălina-Ioana Petrea*

Abstract
The motivation behind issuing a patent is, in theory, a simplistic one: to protect the fruits of your creativity. However, in today’s reality based on technology and capitalism, the importance of issuing patents is also altered by the social conditions. As artificial intelligence is a main characher in today’s reality, we dared to imagine our lives in the absence of human inventors and even in the absence of patents. We started on the path of our research from the hypothesis that the patent has a dual importance, on one hand subjective given the inventor’s attachment to his creation and on the
other hand objective, from an economic perspective. Therefore, we aim to observe how the perspective on patents evolved and the problems that applicants face in the digital era.

* Masterand, specializarea Drept European, Facultatea de Drept din cadrul Universităţii „Al. I. Cuza” din Iaşi, e-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..