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Dimensions Of Expert Report Complexity In Intellectual/Industrial Property. Case Study

Listed author(s):
  • Raul Sorin Fantana

    ()

    (Director at Fantana Raul Sorin & Assoc. SRL – Intellectual Property Agency, doctoral candidate in Cybernetics and Statistics at ”Lucian Blaga” University of Sibiu.)

Registered author(s):

    The growing number of complex processes with the specific intellectual / industrial property demonstrated the need for highly qualified experts called in solving technical problems in the court files. The expertise in such field obliges to detailed knowledge of domestic and international law. However, those processes have as conjugate subjects: counterfeiting inventions, trademarks, industrial design; unfair competition; calculating damage that leads to highlighting the economic benefits, the latter requiring economic assessment of an intangible asset using in formula,in addition to economic data, micro - and macro-economic risk factors. Conflicts arise in a specific space. It is therefore necessary detailed knowledge of company law, competition law, that relating to interest, insolvency and bankruptcy in their developments. It should be considered domestic and European legal practice, as well as the rapid evolution of the meaning of legal terms and concepts. Experts have to understand solutions given in the prior complaints for correct interpretation of the provisions of the agreements, laws and regulations derived. The paper refersto one of the most complex expertise reports, which forced expert to integrated legislation acquaintances on patents, on insolvency and interest - in their evolution. But fundamentally, the expert had to understand the phenomenon of engineering and how to measure economic efficiency in the case of a divided invention.

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    File URL: http://businesslawconference.ro/revista/articole/an5nr1/Art.%2022%20Raul%20Fantana.pdf
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    Article provided by Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) in its journal “Perspectives of Business Law” Journal.

    Volume (Year): 5 (2016)
    Issue (Month): 1 (November)
    Pages: 147-160

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    Handle: RePEc:sja:journl:v:5:y:2016:i:1:p:147-160
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