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The article deals with some issues surrounding the assertion of jurisdiction on claims for preliminary or provisional relief for infringement of intellectual property rights in Romania. Starting with the sources of the national provisions on provisional measures which were the result of implementation of international and EU law, the article then analyzes the relvant provisions in both the Code of Civil Procedure and the laws concerning the protection of intellectual property rights. In the very end, some more strange possible factual situations are analyzed in order to demonstrate the need for further legislative and judiciary guidance on the matter. [ABSTRACT FROM AUTHOR]

The paper looks at the changes operated in the very final part of last year to the Trademark Directive and EU Trademark Regulation in order to ascertain some of the effects the change in terms of trademark definition and, especially, graphical representation of colors has produced. We have analyzed how representing graphically colors has become the crux of determining the possibility to registering color trademarks and how different states have tried to accommodate the need to have an as wide- as-possible category of registrable signs with the need for legal certainty. [ABSTRACT FROM AUTHOR]

The article takes a look at provisions in the Code of Civil Procedure dealing with the provisional measures that can be requested by the intellectual property right-holder in case of apparent infringements of his rights. Starting from the goals of such regulation, as provided by Directive 48/2004, the article examines what could be the hurdles imposed by the Romanian legislator (mostly by not providing sufficiently tailored means in respect of intellectual property rights) on the right-holder and proposes that, in light of the problems as reflected in the courts' practice, a legislative intervention be undertaken in order to better adapt the means to the purpose envisaged. [ABSTRACT FROM AUTHOR]