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Copyright in Romania and harmonization the reof under the European norms. Progress and current situation after the accession of Romania to the European Union
07.02.2010
As a former socialist state in the Eastern Europe, Romania’s initial task and challenge after 1989 was to reorganize the legal relationships in the intellectual property field, in particular copyright, and to adapt to market economy conditions. As regards copyright, the first stage of this pro...
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Considerations regarding the concept of self plagiarism
07.02.2010
The auto plagiarism, a new term in the field of the copyright, rise some juridical problems concerning the sense and the sanction. The sense is totally different from the basic one: plagiarism (presenting the other’s work as being personal contribution). The use by an author of some preexistin...
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Protection of clothing creations
07.02.2010
Fashion designers create and produce article of apparel ranging from belts, bikinis, boleros, bras, brides dresses, evening dresses, headgear, tanga swimwear, T‑shirts to handbags, and eyeglass frames. Finding on optimal balance between providing incentives to create new works and promoting the tw...
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Legal limits for the exertion of copyright. Atypical aspects derived from another normative deed
07.02.2010
The copyright for pleeding is ruled by the provisions of Romanian copyright law 8/1996 and by the provisions of the Romanian Lawyer*s law 51/1995. By analysing the provisions of these two laws the author tries to demonstrate that the Law 51/1995 establishes limits of the copyright rights, even thoug...
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Copyright, connected rights and inheritance rights of the surviving spouse
07.02.2010
Historical development of heirdom rights, belonging to surviving consort. The legal settlement of his rights, including author and neighboring rights. The civil law is giving rights, besides the relatives of the deceased, to the surviving consort. Surviving consort’s heirdom rights legal settl...
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Aspects from the European judicial practice regarding compensatory payment for private copy
07.02.2010
The exclusive right to authorize or prohibit reproduction (broadly defined as making of copies) is an essential economic right of the copyright holders and of holders of related rights.Like most exclusive rights, the reproduction right also may be limited by some exceptions, among which the best kno...
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Considerations regarding the phrase „user” in the written works’ field. Proposal de lege ferenda
07.02.2010
In practice, due to the fact that Law 8/1996 on copyright and connected rights does not define the phrase „user” for each intellectual creation field, such as: written, artistic, music works etc., it is found that numerous secondary interpretations and discussions arise between publishin...
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General aspects regarding mediation. Mediation carried out by WIPO
07.02.2010
World Trade Globalisation and the big cost and delays in court procedures leaded at the development of more flexible alternative disputes resolution procedures as un alternative to court procedures govern by the laws of one state. Thus have been developed alternative disputes resolution ...
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The implementation of Directive 2004/48/EC in Romania
07.02.2010
Considers the Council and European Parliament Directive 2004/48/EC on the Enforcement of intellectual property rights presenting its history, objective and contents. Reviews the legislation adopted in Romania for the implementation of the civil measures, procedures and remedies provided by the...
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Protection of inventions by community patent
07.02.2010
The project of Community patent was drafted by the text of the Luxembourg Convention in 1975, that did not enter into force. The Council of the European Union written the first proposals regarding the Regulation on Community patent at 1st August 2001. The last proposal was drafted on 30 October 2009...
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Procedural law aspects compared in the field of European invention patents
07.02.2010
The present study aims to underline the dynamic, versatile character of the patent procedure, with reference to both the European Patent Convention and the national law in Romania, France, Germany and Great Britain. These four national law systems have been deliberately chosen in order to illustrate...
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Weaknesses of the theory of weak trademarks
07.02.2010
This study examines the case‑law applying the doctrine of the weak trademarks. This examination shows that while the merely aural and/or visual similarity to such marks of competing signs rarely involves any risk of confusion, the conceptual similarity relying on the very descriptive meaning of th...
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Special institutions comprised in the law regarding utility patterns
07.02.2010
The legal notions of transformation and conversion have been regulated for the first time in the Romanian system of law through Law No.350/2007 on the models of utility.Both notions are applicable to inventions and models of utility, but not to other types of industrial creations. Due to the fact th...
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Search – activity carried out during the investigation of crimes provided by Law 8/1996 regarding copyright and connected rights, done by means of an information system
07.02.2010
The author presents some considerations about the procedural provisions concerning computerized system search in case of the offences perpetrated through the means of a digital equipment, within the content of Law no. 161/2003.The study approaches the house search and the computerized system search,...
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Theory and case law aspects in the intellectual property field
07.02.2010
Intellectual property rights are rights recognized to owners of ideas, inventions, original expressions, so they could have the same legal regime with the property rights over material goods.The need for legal regulation of intellectual property was caused by more intense events recorded in all stat...
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NATIONAL SEMINAR: Limits and exceptions in copyright. Legal framework. Enforcement
07.02.2010
Without abstract in English
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