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In memoriam. Constantin N. Hamangiu. 75 years from his death (1869-1932)
23.12.2006
On January 7th, 2007 there will be 75 years since the academician CONSTANTIN N. HAMANGIU, remarkable magistrate, sustained and prolific explorer of profound and multiple law matters, judicial writer whose name is written in the history of the Romanian Law, respectable person, philanthropist died.Con...
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Content and legal nature of the subjective right upon the work dissemination under the laws of the Republic of Moldova. Evolution and prospects.
23.12.2006
The present article represents an attempt by the author to study the nature and content of the subjective right to make a work public under the laws of the Republic of Moldova. Moreover the author, Deputy Director of the State Agency for Intellectual Property (AGEPI), also analyze...
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Reflections on the preference right in the field of intellectual property right
23.12.2006
Without abstract in English
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Examination on inventions related jurisprudence
23.12.2006
To the scarcity of Romanian jurisprudence I find that one should analyze the main directions of the jurisprudential practice of the European Patent Office, of courts in Europe and the United States as well as the relevant doctrine because in Romania as well there will be law suits of the same nature...
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Legal and practical issues related to pirate and forged goods destruction
23.12.2006
The purpose of this study is a general view of legislative settlements concerning infringing goods in intellectual property rights field, after these goods were entered in the private property of the state, and an opinion about how public prosecutor can order the destruction of infringing goods.
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Reflections on the implementation of the provisions of Directive no. 2004/48 in the laws of Romania
23.12.2006
The author considers that we cannot talk about the full Directive implementation in Romania, but more correctly about the full translation of the Directive provisions. This is due to the fact that, instead of a more elaborated work regarding the amendment of relevant legal provisions in order to ens...
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Criminal offense of disclosing to the public, with no approval of the rights holders, of products subject to copyrights, neighboring rights or sui generis rights held by database manufacturers
23.12.2006
The article addresses issues concerning the criminal offense of making available to the public copyrighted material without the agreement of the author. The first section of the article describes the right of making available to the public, as it is established by the WIPO Copyright Treaty and the R...
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Reflections on copyrights protection by means of criminal law
23.12.2006
Without abstract in English
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The inventor capacity appropriation criminal offense
23.12.2006
The author makes a monographic review of the offence, of appropriation the inventor quality without right, which is mentioned in art. 57 of 64/1991, regarding the patents.A special attention is given to the provisions of art. 191 recent introduced in the Criminal Code by the law 278/2006, which sets...
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Review of the criminal offense of illegal operations with IT devices or software
23.12.2006
Criminal case studies showed that most of the computer-related crimes are mostly committed with the help of certain special-made devices or software applications, whose complexity vary through the nature of the technical actions to be executed.According to the recommendations made by the Council of ...
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Right of image in the laws of Romania (I)
23.12.2006
The Preamble to the Universal Declaration of Human Rights of 10 December 1948 states that human dignity is the source of the right to respect of one’s own image, the same provision having been used in the European for the Protection of Human Rights and Fundamental Freedoms (CEDO) of 4 November...
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The importance of invention disclosure for patent protection
23.12.2006
The requirement to disclose the invention rests at the very core and origin of the first patent legislations. A state awards an inventor an exclusive right to use the invention (known, in some national legislations, as a monopoly right or a usage monopoly) for a limited period of time in exchange fo...
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Mark using evidence
23.12.2006
The Romanian trademark law doesn’t require, in order for a trademark to be registered, that the sign be in use in commerce or that a declaration of intent to use be filed.According to the provisions of Law 84/1998 the trademark belongs to the moral or natural person to file for registration fi...
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(EC) Commission Regulation no. 2246/2002 of December 16th, 2002 on fees due to the Office for Harmonization in Internal Market – OHIM – (trademarks, designs and models) for community designs and models registration
23.12.2006
To ensure the necessary flexibility, the President of the Office for Harmonization in the Internal Market should be empowered, subject to certain conditions, to lay down the charges which may be payable to the Office in respect of services it may render, the charges for access to the Office database...
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