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Oficiului de Stat pentru Invenţii şi Mărci. La aniversare
25.03.2006
On January 17th, 1906, the first “Law on patents for invention” was published in the Romanian Official Gazette, and four months later, an Enforcement regulation thereof also entered into force. Under the same law (article 40), within the Service for Industry and Patents of the Ministry o...
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Intellectual property rights. Forged products. Judicial regime (confiscation and distruction). Merchandise of external transit regime
25.03.2006
In relation to the application of article 234 of the E.C. Treaty, Landesgericht Eisenstadt (Austria), as examining magistrate, raised a prejudicial problem in connection to the interpretation of the European Council Regulation no. 3295/94 of December 22nd, 1994 (in the version amended by the E.C. Re...
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New horizons and challenges in the protection of inventions by patent
25.03.2006
In the field of invention protection based on a patent, the last period marked very significant debates and evolutions representing real challenges addressed to the specialized community. We are facing a dynamics that patent law has not met, in fact, for many years. Their correct mastery, understand...
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Case study regarding the judicial technical expertise in forgery
25.03.2006
Counterfeit of products incorporating industrial designs and models became a worldwide nuisance, the counterfeiters, usually, copying the packaging and changing by means of distortion the notorious trademarks, in order to deceive the buyers. There are cases when the elucidation of the facts that are...
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The crime of forging the industrial drawing or model. The need of ordering an expertise. Jurisprudence
25.03.2006
In the settlement of certain criminal causes, complex problems can occur, which require the presence of experts from the most diverse fields of activity. Romanian doctrine emphasized in various legal works the necessity of requesting the collaboration of persons with a professional formation, other ...
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Ways to protect the know-how
25.03.2006
Whereas there are no legal provisions, anywhere in the world, which could grant an express privative right over the know-how, protection modalities are extremely diversified and, for the most part, the resort to one or another such modalities invariably generates new controversies.
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The influence of the commercial environment on the brand
25.03.2006
From the perspective of industrial property legislation, the trademark has a well determined function, having the purpose of establishing a connection between the product and the producer, so that the consumer can distinguish the products/services provided by one trader from the ones legitimately pr...
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The conflict between trade name – brand
25.03.2006
The trade name is an individualization element of traders in the frame of the activities performed by them. The legal regime of the trading companies is regulated by Law no. 26/1990 regarding the Trade Register, as republished and amended, as well as by the Norms regarding the manner of maintaining ...
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Theoretical and practical aspects regarding the limits of the exclusive right over the brand
25.03.2006
The work aims at identifying the limits of the exclusive right over the trademark through the analysis of the applicable legal norms, from the Romanian and community legislations, of the jurisprudence of the Court of Justice of the European Community and of other courts from member-states of the Eur...
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Analysis of the condition of the interest in promoting the preclusion claim
25.03.2006
According to the common law, a person, in order to support the interest of initiating an action-at-law, must provide the proof of a legitimate, born, actual, and personal interest. For the identification of the persons who can support an interest in the initiation of an action for forfeiture by virt...
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Does using the brand in the electronic commerce represent an effective usage?
25.03.2006
The unprecedented technical progress which we have witnessed in the past decades gave rise to a new means of communication called Internet. Electronic commerce provides the consumer with the possibility to order goods and services through Internet, without being required to use the traditional means...
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Protecting the topographies of semiconductor products by criminal Law Means. Comparative Law
25.03.2006
Within the territory of Romania, topographies of semiconductor products are protected by registration with OSIM. In order to be protected, the topographies should be original. The right to protection of the topography of a semiconductor product belongs to the creator of the topography or its rightfu...
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A holohedral structure for protecting the digital intellectual property
25.03.2006
In order to protect intellectual property, both nationally and internationally, a series of rights was created, including copyright, right over trademark, design, model or patent. Remarkable technological developments transformed computers and Internet into essentials means of distribution of the wo...
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Audiovisual works. Rights of patrimony (I)
25.03.2006
Intellectual property right includes attributes of moral and patrimonial nature generated by the creation. The author has both moral prerogatives over the work, and possibilities of exploitation of the same, which allows it to decide if and how such exploitation will take place, and to enjoy its ben...
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Protection of the journalistic writings and of the information sources
25.03.2006
According to the provisions of article 7 paragraph 1) letter a) of Law no. 8/1996 regarding copyright and related rights, “journalistic writings” are subject to copyright. The category of “journalistic writings” includes press articles, magazines, periodical scientific public...
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Disclosure of posthumous works
25.03.2006
The issue of posthumous works was analyzed by experts and received a solution different from the one in the legislations of other countries. The issue of posthumous works should be analyzed in connection with the moral right of disclosure. Law no. 8/1996 regarding copyright and related rights stipul...
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Development of royalties. Editing Agreement
25.03.2006
Considering that, for the most part of the cases, the author does not possess the necessary material means to turn to profit the copyrights through the communication and the dissemination of the created work, it is compelled to appeal to specialized intermediaries, such as: publishing houses, radio ...
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