Cap. 417 чл. 58AThe Patents Tribunal.

(1) There shall be a Tribunal to be known as the Patents Tribunal, which shall have jurisdiction to hear and determine claims concerning claims for the revocation of a patent, civil claims for infringement, applications for declarations of non-infringement

*in the amendment introduced by Act XXX. 2014.18., this Part was erroneously introduced as Part XVIIA rather than Part XVIA. and precautionary actions related to the above, provided that claims for damages arising from any infringement shall continue to be determined by the Civil Court, First Hall.

(2) The Patents Tribunal shall be appointed by the Prime Minister and shall consist of a chairman, who shall be a Judge or a Magistrate, and two other members.

(3) Decisions of the Patents Tribunal shall be delivered by the chairman and shall be taken by simple majority so however that it shall be necessary that the chairman shall be part of that majority.

(4) The chairman and members of the Patents Tribunal shall be appointed for a term of three years and shall be eligible for re-appointment.

(5) The Patents Tribunal shall be independent and shall not act under the direction or control of any other person in the performance of its functions.

(6) The Patents Tribunal shall for the purposes of conducting its proceedings have the same powers as are granted to the Civil Court, First Hall, by or under the Code of Organization and Civil

Procedure. In determining any application filed before it, the Patents Tribunal shall give an opportunity to all parties concerned to put forward their evidence and submissions and it may also order the production of any additional expert evidence and secure expert opinion as it may consider necessary. In its decision, the Patents Tribunal shall also decide upon responsibility for the payment of any costs incurred in the proceedings, including the cost of expert evidence or searches or opinions.

(7) The chairman and members of the Patents Tribunal may be challenged or abstain for any of the reasons for which a judge may be challenged or may abstain in accordance with the Code of Organization and Civil Procedure. In such case, the Prime Minister shall appoint a person having the same qualifications as those of the chairman or member challenged or abstaining, to sit in substitution.

(8) A member of the House of Representatives, or of the European Parliament, or of a local council, shall be disqualified from being appointed or continuing to be a member of the Patents Tribunal for as long as such member holds that office.

(9) The chairman or member of the Patents Tribunal may only be removed from office by the Prime Minister on grounds of gross negligence, conflict of interest, incompetence, or acts or omissions unbecoming of a member of the Patents Tribunal. In doing so, the Prime Minister shall lay before the House of Representatives a statement giving the reasons for the removal of the said chairman or member.

(10) The chairman or a member of the Patents Tribunal shall, for a period of one year following the termination, for whatever reason, of his appointment, not engage in any activity which, because of conflict of interest, would have been incompatible with the exercise of his functions. Any person who acts in breach of the provisions of this sub-article shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine (multa) of not more than two thousand and five hundred euro (€2,500) and shall be barred from being appointed to any similar posts for a period of not less than ten years.

(11) The Prime Minister shall designate a person to serve as secretary to the Patents Tribunal, who shall serve in such capacity in accordance with the ethical standards appropriate to his position.

(12) The Prime Minister shall appoint an advocate or a legal procurator to assist the Patents Tribunal.

(13) The registry of the Civil Court, First Hall, shall be the registry of the Patents Tribunal.

(14) The Minister responsible for justice may, by regulations under this article, establish the fees payable in the registry of the court in relation to the filing of judicial acts in connection with proceedings under this article and article 23A:

Provided that until such fees are so established, the fees in Schedule A of the Code of Organization and Civil Procedure shall apply.

(15) The Board established under article 29 of the Code of Organization and Civil Procedure may make Rules of Court governing proceedings before the Patents Tribunal.