ARMENIA Law and Practice Contributed by: Sarkis Knyazyan, Svetlana Mkrtchyan, Anahit Aloyan and Rita Parzyan, Concern Dialog
the Republic of Armenia for any amounts paid to witnesses, experts, specialists and translators. Additionally, they shall reimburse the court costs incurred by the court and the parties involved in the case, to the extent that these costs were necessary for the effective exercise of the right The trade mark or copyright owner may seek relief without notice to the defendant. Under Armenian law, if a plaintiff files a motion to the court requesting a measure of security for the claim (such as a preliminary injunction or other interim relief), the motion itself is confidential at the time of filing. This means that the court is not obliged to notify the defendant of the motion prior to making a decision on the request. to judicial protection. 10.4 Ex Parte Relief However, the defendant is still entitled to be notified of the court’s decision once it has been made, whether the motion is granted or rejected. This ensures that the defendant is aware of the court’s ruling and has an opportunity to respond or take any further actions, such as filing an objection or challenging the decision. 10.5 Customs Seizures of Counterfeits or Parallel Imports Armenian law provides for regional exhaustion of trade mark rights. The goods (including genuine) imported to Armenia from any country outside of the Eurasian Economic Union may be seized by the Armenian Customs Authorities, if the trade mark is recorded with the Customs Office. The Customs Office has ex officio rights to seize counterfeit goods.
The procedure of customs recordal is as follows. The rights-holder files a trade mark or copyright recordal application with the Customs Office, together with a liability insurance agreement. After formal examination, the Customs Office records the trade mark and/or copyright in its official registry and informs the rights-holder, once there is a detention of goods. The rights- holder has ten business days to take additional legal actions or request to release the goods. Trade mark and copyright infringement deci - sions may be appealed to the Court of Appeals and then to the Court of Cassation (Supreme Court). 11.2 Timeframes for Appealing Trial Court Decisions Normally, the appellant has 30 days to appeal the decision of the court to the appellate court or to the Court of Cassation (Supreme Court). 11. Appeal 11.1 Appellate Procedure 12. Additional Considerations 12.1 Emerging Issues There are no emerging issues to discuss here. 12.2 Trade Mark and Copyright Use on the Internet The trade mark law has one provision where it allows the rights-holder to prohibit the user of a domain name, website or a page on social media platform (not the service provider) to use a trade mark without rights-holder’s permission.
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