Abstract

The article deals with the subject of prescription of claims as opposed to other institutions of limitation of rights (in particular venire contra factum proprium charge). Reference is made to the opinions presented in existing literature and case-law dealing with the subject of prescription (specifically with regard to prescription of the claim to forbear from infringement in trademark law). The authoress discusses their validity in the light of the Community law, exposing potential controversies which may give rise to prejudicial queries to be addressed to the European Court of Justice.