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| Summary (4/2005)
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Audio-visual Works (II). Moral Rights
25.12.2005
The international instruments regarding intellectual property provide a minimal means of protection of the moral rights, attempting to find a middle course between the two systems (the dualist system and the copyright one), so that they may offer the possibility of accession of as many states as pos...
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Analysis of Offenses stipulated in Law 8/1996, as amended by Emergency Government Ordinance 123/2005
25.12.2005
Based on certain recommendations of the World Intellectual Property Organization, as well as on the observations expressed in relation to the intellectual property in the Country Report regarding Romania, published in Brussels, on October 6th, 2004, September 19th, 2005, the Government Emergency Ord...
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Protection of Photographic Works
25.12.2005
The Romanian legislator also included in art. 7 letter f) “the photographic works, as well as any other works expressed by a process analogous to photography” among the protectable works, independently from their value and destination. The protection of photographic works, regardless of ...
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Recent Developments in the National Legislation regarding Patents
25.12.2005
The national patent legislation (Law 64/1991 regarding patents, republished on the basis of Law no. 203/2002, the Government Decision no. 499/2003 regarding its Enforcement Regulation, Law no. 581/2004 regarding the additional protection certificate for medicines and phytosanitary products), which e...
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Protection of Inventions. Case Law
25.12.2005
Romania has managed to harmonize its legislation with the community one, as main target, at present being prepared for the accession to EEC. The most difficult stage is yet to come, that of putting regulations into practice. Considering the topic addressed – jurisprudence in the field of inven...
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Government Ordinance 100/2005 on Ensuring Compliance with the Industrial Property Rights – A New Legal Instrument for Fighting the Counterfeiting Phenomenon in Romania
25.12.2005
The need for the transposition of the Directive for the purpose of fighting against the acts of counterfeiting industrial property objects and in the interest of the holders of industrial property rights, as well as the obligation to observe article 53 of Romania’s Treaty of Accession to the E...
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Indemnities Due to the Author of a Patented Invention. Case Law
25.12.2005
Pursuant to article 66 of Law no. 64/1991, the pecuniary rights due to inventors for their inventions patented prior to its coming into force, applied and not rewarded, entirely or partially, could be negotiated by the parties (the inventor and the user of the invention) starting from the maximum va...
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Protection of the Outer Appearance of Products in the Market Economy
25.12.2005
Marketing studies pointed out the fact that over 75% of the buyers choose a product due to its exterior aesthetic form, and most of the managers admit that a pleasant work environment contributes to bringing good humor and to the increase of productivity. Practically it is more and more frequently n...
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Harmonization of Law 129/1992 on Protection of Industrial Drawings and Designs with the Relevant Community Legislation
25.12.2005
The harmonization of the law regarding the protection of industrial designs and models with the EC Directive 98/71 regarding the legal protection of industrial designs and models is determined by the observance of political obligations undertaken by our country under the Association Agreement with t...
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Distinctive Insignia. The Conflict between the Exclusive Right to the Trade Name and the Right to a Trademark
25.12.2005
In their activity on the market, traders appeal to different means of identification in order to distinguish themselves from the competitors who perform the same activities or similar ones – trademarks, geographical indications, appellation d’origine, trade sign or logo. Among these, the...
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