Конфликтът на компетентности при спорове, свързани със защита на права върху марка на ЕС в правото на ЕС и в българското законодателство
Автор: Калин Баталски
Thsi study examines the legal framework of the institutes of pending trial and related claims in the complex system of Regulation 2017/1001. The subject of analysis is the different levels of the system - on one hand, the general provisions of Regulation 1215/2012 and on the other hand - the cases referred to in the EU Trade Mark Regulation to which the provisions of the national law of the Member State concerned apply its features. The objectives of the Union legislation in setting up the system of rules on pending trials and related claims, which are to avoid conflicting judgements, to ensure high-quality justice throughout the European Union, and to ensure effective exercise of EU trademark rights throughout the European Union. The subject of analysis is also the relevant Bulgarian legislation, in particular the provisions of the Law on Trademarks and Geogprahical Indications. The conclusion is that, despite some complexity, the EU trademark system consists of unambigiuos rules that ensure predictability and coordination in the event of conflict situations concerning pending trials and related claims in the field of EU trademark protection. Based on the analysis, de lege ferenda proposals have been made to improve the relevant Bulgarian legislation in this area.