The Impact of the New State Fee Regulations on Litigants in the Field of Intellectual Property

Rodica Popescu

Intellectus, 2024, issue 2, 21-32

Abstract: On January 1, 2024, the new State Fee Law No. 213 of July 31, 2023 entered into force. According to the legislator, this Law strikes a balance between the expenses borne by the State to provide for a qualitative public service of access to justice and the obligation of litigants to contribute to the partial coverage of the expenses for the service they benefit from. This study aims to clarify the impact of the new state fees on litigants in the field of intellectual property when the holders, or other holders of exclusive rights, are faced with their infringement and decide to defend their rights acquired either by registration or by effect of the law, from the moment of creation by initiating proceedings to enforce their intellectual property rights using civil and infringement mechanisms. The impact of the new fees is presented through the analysis of concrete cases that highlight both the types of fees, the amounts of fees to be paid when filing lawsuits to establish the infringement of intellectual property rights and recover the damages, appeals, cessations, and the subjects who benefit from exemptions from paying the state fee in disputes involving intellectual property rights. The study also includes some considerations related to paid justice versus the fundamental right to free access to justice and the intrinsic right to a fair trial.

Keywords: state fee; stamp duty; litigants; intellectual property rights; access to justice.2017/1001; Directive 2004/48/CE. (search for similar items in EconPapers)
Date: 2024
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Persistent link: https://EconPapers.repec.org/RePEc:awf:journl:y:2024:i:2:p:21-32

DOI: 10.56329/1810-7087.24.2.03

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