Court proceedings for trademark infringement in Armenia are typically initiated by filing a written statement of claim with the court of general jurisdiction. The venue is determined by the place of residence of the defendant. Once served the defendant is requested to file a statement of defense. The parties must allege the facts relevant to their position in their briefs and enclose all pieces of documentary evidence they can provide. After the exchange of written briefs, and several oral hearings, the case is decided by one legally qualified judge.

Live testimony, typically taken by the court upon request of the parties, and court-appointed expert opinions are allowed. It is possible to submit party-appointed expert opinions, but these will essentially only be considered as party allegations. Discovery proceedings are conducted by the court upon request of the parties.

The length of the proceedings varies greatly with an average of seven to nine months for a judgment to be issued, if no expert opinion is needed. If an appeal is lodged, the Court of Appeal’s decision may take another five-six months. Proceedings before the Court of Cassation usually take three-four months.

Interim protective measures can be obtained either before or pending litigation on the merits in a matter of days. The court’s orders are granted ex parte. Interim measures are granted if the enforcement of the judgment will otherwise become impossible or more difficult. The court’s orders on interim measures cannot be appealed.

General civil law remedies are available to the trademark owner, including compensation for damages and lost profits. The owner may also demand removal of illegally used marks from the infringing goods and their packaging and, in case of impossibility to do so, to destroy the infringing goods as well as to publicize in media the fact of infringement at the expense of the offender.

Under criminal law, proceedings are instituted upon the filing of a criminal complaint by an injured party. Criminal proceedings consist of a first pretrial investigation phase, occurring in secrecy, during which all the appropriate investigations are carried out to decide if the case should proceed to trial or be dismissed. If the case goes to trial, the owner of the trademark has the possibility of joining the proceedings as an aggrieved party. Civil proceedings may be concurrent with criminal proceedings. The duration of criminal proceedings is similar to that of civil proceedings.

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By | 2014-08-23T11:49:09+04:00 November 14th, 2013|Trademarks|Comments Off on Trademark infringement proceedings in Armenia

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