Review article
https://doi.org/10.17818/NM/2020/2.8
The Possibility of Applying the Ship Arrest Measure in Case of Intellectual Property Infringement
Moreno Pajković
orcid.org/0000-0002-6025-725X
; Odvjetnički ured Sanjin Jurmić, Rijeka
Abstract
While researching various issues and peculiarities of intellectual property in the marine environment and the industry that coincides, the author started to contemplate on the possibility of applying the provisional measure of ship arrest as means of achieving potentially positive outcome for an intellectual property holder falling victim to infringement of his rights. This approach may be considered more as a preliminary measure that - by exerting pressure upon the ship-operator (or owner) to eliminate the infringement - might lead to a potential relief by way of settlement, rather than applying the conventional remedies. To this end, the paper will examine the possibility of applying alternative means of intellectual property protection in the unique maritime regulatory environment. In doing so, the question of whether or not an intellectual property infringement claim may be qualified as a maritime claim will be also addressed as it represents one of the crucial prerequisites to applying the ship arrest measure in these particular circumstances. The application of this rather unconventional intellectual property protection measure will start from the Croatian ship arrest and release procedure and rules followed by the appropriate rules of international law as well.
Keywords
provisional measure of ship arrest; maritime claim; patent; industrial design; intellectual property; vessel; ship; yacht; accidental entry; temporary entry
Hrčak ID:
238056
URI
Publication date:
18.5.2020.
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