| Abstract [eng] |
This Master's thesis analyses the procedural problems that exist in the enforcement of intellectual property rights. The thesis analyses only the procedural problems related to the enforcement of industrial intellectual property rights, primarily focusing on the enforcement of the rights of trademark owners. The procedural problems are analysed at two levels - the procedural problems encountered in the enforcement of intellectual property rights by national offices for the intellectual property (as part of their mandatory prelitigation function) and by the courts. A selection of procedural problems, some of which are also highlighted in the Communication from the European Commission to the European Parliament, the Council and the European Economic and Social Committee on certain aspects of the application of Directive 2004/48/EC (on the enforcement of intellectual property rights). The problems selected are (i) the absence of a mechanism for the payment of costs in disputes before the national authorities responsible for the protection of intellectual property; (ii) the problems of implementing opposition and revocation or cancellation of a trademark as a remedy for the protection of intellectual property; (iii) the procedural problems of the calculation of the damages suffered as a result of the infringement of an intellectual property right; and (iv) the problems of implementing the right to information. In order to provide possible solutions to the procedural problems, the work analyses the legal regulation and the practice of national offices for intellectual property and courts of the European Union Member States and the Republic of Lithuania. |
