| Revista romana de dreptul proprietatii intelectuale apare trimestrial
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| TOC current number (4/2011)
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Classification of copyright objects in light of the New Civil Code
18.12.2011
The contribution tries to identify conections between the rules provided by the new Civil Code and the former provisions of the Romanian Copyright Law no. 8/1996 regarding the goods protected by the copyright regulations.It is mandatory to take into considerations the new rules established by the ne...
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Approaches relating to offences provided for in Law No. 8/1996 on copyright and related rights (II)
18.12.2011
The analysis of indictments under Law no. 9/1996, republished on copyright and related rights continues with the investigation of criminal offences provided for in Articles 140, 141, 1411 and 143. Common elements of abovementioned offences are approached, after which detailed references to the compo...
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Unauthorized procurement and use of a computer program source code: theoretical approaches and American practice cases
18.12.2011
The source code of a computer program can be very valuable. From a legal perspective, the source code can be protected by copyright or as a trade secret. This article looks into the essential theoretical aspects regarding the misappropriation of source code. References to or brief description of a...
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Purpose, content and duration of copyright
18.12.2011
The article is structured in three sections, as its title suggests “Purpose, content and duration of copyright”.In the first section is set under review the purpose of copyright by presenting its defining elements, subsequently followed by the analysis of the main categories of protected...
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The principle of exhaustion of intellectual property rights in the case law of the Court of Justice of the European Union
18.12.2011
According to the principle of exhaustion of intellectual property is accepted that the right holder loses the protection of the product incorporating intellectual property, when the product was put into circulation by the right holder or with his consent. The Court of Justice of the European Union d...
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The use of names of countries as elements of registered trademarks
18.12.2011
Without abstract in English
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Approaches in respect of appeals against decisions issued by the Examining boards within the State Office for Inventions and Trademarks (O.S.I.M.). The constitutionality of the appeal procedure
18.12.2011
This article analyses the procedures for granting industrial property rights from the perspective of Constitutional requirements. It is argued that the Romanian legislator regulated the administrative procedure in view of general principles of the Civil procedure. The respect of the Rules of Civil p...
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The incidence of certain regulations under the New Civil Code on children’s rights arising from the implementation of intellectual creations
18.12.2011
Works of intellectual creation, whether they belong to the category of those protected by copyright law (literary, artistic or scientific works), whether they belong to the industrial applicability creations (inventions, innovations, utility models, designs and patterns, topographies of semiconduc...
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„The Counterfeiting Industry” in the pharmaceutical field
18.12.2011
Crime in the field of intellectual property rights has become a global issue, bearing an acute cross-border nature, its negative effects often involving serious violations of human rights, financial losses and public economic damage, jeopardizing the life and health of many human beings, constitutin...
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Practical approaches relating to the investigation of crimes of smuggling and counterfeiting of cigarettes in Romania, a Member State of the European Union
18.12.2011
In this article we frame to set forth some practical approaches related to the investigation of criminal offences of smuggling and counterfeiting of cigarettes, test cases identified by officers specialized in the field, statistics of the Ministry of Administration and Interior, as well as persona...
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The remuneration due to interpreters or performers artists for the broadcasting of phonograms. Types of Phonograms
18.12.2011
The institution of copyright and related rights, as regulated in our system by Law nr. 8/1996, deals with the protection of literary, artistic and scientific works and their creators. By a definition that has a tradition in our doctrine, the legal institution of copyright (generally speaking) me...
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The work of fine art – movable or immovable property?
18.12.2011
The purpose of this article is to analize some aspects of the works of fine arts as a variety of works in general, as well as a variety of goods within the meaning of the Civil Code of the Republic of Moldova. The author tries to demonstrate that the work of fine arts is a specific good because it i...
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