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| Summary (3/2005)
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Legal implications concerning the Internet domain name system
26.09.2005
The establishment of a system of domain names through registration policies by the national authorities constitutes one of the basic directions of the World Intellectual Property Organization, part of the strategy for the settlement of the issues determined by the relationship between electronic com...
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Audiovisual work authors (II)
26.09.2005
The elaboration of an audiovisual work involves the participation of a plurality of subjects performing different activities for the purpose of accomplishing the work. As a rule, the initiative belongs to a producer who charges a group of person with the development of a screen play, the possible di...
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Possible interpretation of the private international law in the matter of copyright and patent rights
26.09.2005
The presence of one or several foreign origin elements in a private law legal relationship represents the source of a conflict of laws which should be settled through the mechanism of enforcing conflictual norms. The principle according to which “the notified jurisdiction body enforces its own...
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Balancing payment right
26.09.2005
The droit de suite (resale right) represents the untransferable and inalienable right of the author of an original plastic art or graphics work to obtain a pecuniary benefit from the successive sales of the work in question. The droit de suite is a productive right providing the author/artist with t...
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Criminal protection of copyright and related rights in Italy
26.09.2005
Protection of copyright and related rights in Italy is carried out according to Law no. 633 of April 22nd, 1941, as amended by Decree-Law no. 95 of February 2nd, 2001.
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Admissibility of the presidential ordinance in the matter of the patent rights
26.09.2005
Special laws regarding industrial property (trademarks, geographical indications, patents for invention, industrial designs and models) do not contain any special regulation regarding the eventual procedural particularities of the emergency injunction. The only special regulations in this respect re...
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Inventions not in keeping with public order and good moral standards
26.09.2005
According to the Romanian law, no patent for invention shall be granted … for inventions whose commercial exploitation is contrary to public order or morality, including those prejudicing the health and life of people, animals or plants and which are susceptible to seriously damage the enviro...
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Protection of the community layouts and models
26.09.2005
The significant differences between the legislations of the member states in the field of designs or models represent obstacles and misrepresentation sources for the competition at community level giving rise to the possibility of generating conflicts on the occasion of exchanges between the member ...
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Mark and geographical indication protection by means of criminal law. Comparative law
26.09.2005
After 1990, the regulations included in Law no. 28/1967 ceased to correspond to the new conditions of transition to the market economy, which determined the necessity of elaborating and enacting a new law, i.e. Law no. 84 of April 23rd, 1998 regarding trademarks and geographical indications, reflect...
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Priority right over brand. Jurisprudence
26.06.2005
Trademark right belongs to the natural or legal entity who was first to submit, as provided by the law, the trademark registration application. The trademark registration application shall be submitted to the State Office for Inventions and Trademarks and represents the national statutory deposit of...
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Unfair competition. Jurisprudence
26.06.2005
On the occasion of the Washington Review Conference of June 2nd, 1911, in the text of the Paris Convention regarding the protection of industrial property, article 10 bis was introduced, subsequently amended in Lisbon on October 31st, 1958, on the basis of which the member states of the Paris Union ...
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