Studia Prawnicze. Rozprawy i Materiały / Studies in Law: Research Papers

Abstract

The article is devoted to enforcement aspects of securing non-pecuniary claims and ancillary measures in intellectual property cases. The author seeks to overcome difficulties that arise in this context through a critical analysis of the applicable regulations.
The author considers the solution to practical problems, which are posed by the accumulation in one application of security of claims which, due to the demanded security method, are subject to ex parte and adversarial proceedings, as well as the accumulation in one application of security of claims which, due to the demanded security method, are subject to enforcement by various enforcement bodies, by issuing a partial decision concerning the methods of securing claims subject to ex parte proceedings, and then in the adversarial formula of the final order with regard to the other forms of security and the sending of a full copy of the order to the claimant and of an extract from the order containing the decision granting the application, depending on the manner of security, either to the claimant if it is to be served by the enforcement authority, or to the debtor if it is to be served directly by the court.
Furthermore, the author indicates that it is sufficient to specify the constitutive features of the thing or action in the rulings while leaving the concretisation of these things and actions to the enforcement authority conducting the enforcement proceedings. In connection with the above, he postulates the transfer of enforcement cases concerning the security of non-monetary claims in intellectual property cases and the application of ancillary measures to the jurisdiction of specialised intellectual property courts (district courts) as both enforcement bodies and enforcement courts, while leaving enforcement cases concerning the security of monetary benefits in intellectual property cases to the jurisdiction of district courts as both enforcement bodies and enforcement courts.