Abstract
Mogućnost primjene mjere zaustavljanja broda u slučaju povrede prava intelektualnog vlasništva
Highlights
The possibility of reaching for a claim on the grounds of maritime-oriented IP infringement is even more evident when considering the legal interpretations that appear with respect to the term “operation” (of the ship), i.e. its implicit meaning in relation to the expression “(...) use exclusively for the needs of the vessel (...)” - contained in the international instrument regulating industrial property
Given that Croatia is a member of the Paris Convention, a similar solution is foreseen in its PA, in Art.[67] and the provision reads as follows: “The use of products made in accordance with a protected invention in the construction or equipment of a vessels, aircraft or land vehicles belonging to one of the Member States of the Paris Union or a WTO member shall not be considered a patent infringement when the means of transport is temporarily or accidentally located on the territory of the Republic of Croatia provided that the inbuilt product is used exclusively for the needs of that means of transport.”
The immunity effect of temporary entry would be kept by the ship in international navigation even if it entered in more consecutive ports of a particular country, provided that it does not carry out commercial activities in those ports in terms of cabotage.[57] (c) Use exclusively for the needs of the vessel is the last of the conditions provided for in the relevant provision of the Paris Convention and it concerns solely those components, parts and devices protected by a patent
Summary
The possibility of reaching for a claim on the grounds of maritime-oriented IP infringement is even more evident when considering the legal interpretations that appear with respect to the term “operation” (of the ship), i.e. its implicit meaning in relation to the expression “(...) use exclusively for the needs of the vessel (...)” - contained in the international instrument regulating industrial property
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