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- Title
СУДИРОТ НА ЗАКОНИ ЗА ВОНДОГОВОРНА ОДГОВОРНОСТ ЗА ПОВРЕДА НА ПРАВАТА ОД ИНТЕЛЕКТУАЛНА СОПСТВЕНОСТ
- Authors
PULESKA, Biljana
- Abstract
Intellectual property is gaining increasing importance as an element of the trade. Holders of intellectual property rights are entitled to protection against illegal use of their inventions, designs, works and other creations of the human mind. Protection of intellectual property has a territorial character and application. Each state sets its own rules applicable to its territory regulating the protection of intellectual property, the holder of the right to protection, duration, and the means at their disposal to protect their rights. Therefore, the rules under which a person enjoys legal protection of their interest in the field of intellectual property in one country, does not cause any legal effect on the territory of another state. Therefore, the scope of protection and exercise of the rights varies from country to country, and the differences in legal orders are sources of barriers to international economic relations. Limited territorial application of the rules governing intellectual property rights requires efforts in addressing different level and means of legal protections that are available to the affected countries, especially in situations of infringement involving foreign element. The main difficulty of resolving disputes with a foreign element consists in their connection with more than one jurisdiction, and in the absence of a unified internal substantive rules and the result of applying the rules in each system separately, leds to a different outcome of the dispute . This paper elaborates the applicable substantive law at the EU level and in the absence of unified and harmonized rules, focuses on possible solutions for determining the applicable law for cases of non-contractual liability for infringement of intellectual property rights.
- Publication
Vizione, 2016, Vol 26, p145
- ISSN
1409-8962
- Publication type
Article