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Current issue (2/2010) Archive Advanced search   Issues 2/2010 1/2010 4/2009 3/2009 2/2009 1/2009 4/2008 3/2008 2/2008 1/2008 4/2007 3/2007 2/2007 1/2007 4/2006 3/2006 2/2006 1/2006 4/2005 3/2005 2/2005 1/2005 1/2004	home >> archive >> 2/2005 Summary (2/2005) Compensatory Payment for the Private Copy 26.06.2005 By virtue of article 5 paragraph (2) letters a) and b) of Directive 2002/29/EC of May 22nd, 2001 regarding the harmonization of certain aspects of copyright and related rights in the information society, the Romanian legislator stipulated under article 34 of Law no. 8/1996, as amended and completed ... more E-commerce and the Intellectual Property System 26.06.2005 As the Internet continues its outstanding evolution, the capacity it offers as regards the dissemination of information, images and digital content drove the system of intellectual property to the center of the debate on the future form of digital world. In this new ever-changing environment informa... more Defense of Intellectual Property Rights. Harmonization of the Romanian Legislation with Directive 2004/48/EC of the European Parliament and of the Council of April 29, 2004 26.06.2005 Directive 2004/48/EC of the European Parliament and the Council of April 29th, 2004  regarding the observance of the intellectual property rights has as main objective the harmonization of the legislative systems in order to ensure an equivalent and consistent high level of protection within th... more Capacity of Author and Capacity of Owner of Audiovisual Works at International Level 26.06.2005 The Berne Convention uses the legal concept of author, independently from the coverage of the granted protection, in order to establish the access criteria to the conventional protection, the identification of the law of the country of origin, the determination of the protection or ownership period ... more Subject of the Copyright 26.06.2005 Pursuant to article 3, paragraph 1 of Law no. 8/1996, any natural or legal entity or the natural persons who created the work are considered authors, which is why the specialized literature asserts that our law establishes the principle of the actual creator of the work or the principle of the actua... more Copyright. Commented French Case Law 26.06.2005 The patrimonial right of authorizing or prohibiting the reproduction of protected works or performances represents a fundamental prerogative of the intellectual property rights, providing the owner with the real possibility to control the circulation of its work or performance. This right is establi... more Right to the Respect of Work Integrity - Case Law 26.06.2005 On the occasion of the Rome Conference of June 2nd, 1928, when the second revision of the Berne Convention took place, the existence of moral copyrights was established. Consequently, article 6 bis was introduced, acknowledging the existence of the author’s right to claim the authorship of its... more Patrimonial Rights of Performing Artists. Case Law 26.06.2005 Pursuant to article 98 paragraph 1) of the law regarding copyright and related rights, the interpreting or performing artist has the exclusive patrimonial right to authorize or prohibit the following: the fixation of its interpretation or performance; the entire or partial, direct or indirect, tempo... more Cloning Phone Numbers 26.06.2005 The fraud in the field of telecommunications has continued to grow, acquiring already the characteristics of a strong criminality extended both in Western countries, and in the Eastern European ones. The most common fraud method is represented by the duplication of cell phones through theft and clon... more Case Law. Canceling Decisions of the State Office for Inventions and Marks (OSIM) on issuing or removing patents 26.06.2005 The rights over an invention are protected and acknowledged on the territory of Romania through the issuance of a patent for invention by the State Office for Inventions and Trademarks (O.S.I.M.), under the conditions stipulated by Law no. 64/1991 regarding patents. Furthermore, pursuant to article ... more Use of the Equivalent Theory, including Previous Statements to Settle Disputes for Pirating Inventions Patented in Romania 26.06.2005 The patent grants its holder an exclusive right of exploitation, a true monopoly, limited, however, in time (the maximum validity period of the patent) and in space (only on the territory of the state where the patent was granted). The right of the patent holder has an exclusive character because, o... more Protecting the New Varieties of Plants by Criminal Law Means. Lex Ferenda Drafts. Comparative Law 26.06.2005 The necessity of securing certain rights to the plant breeders was acknowledged, for the first time, in 1930 in USA, through the introduction of a special form of exclusive right called „plant patent”. The rights of plant breeders over the new plant varieties of all genera and species of... more Protecting Industrial Designs and Models in Romania 26.06.2005 The object of the protection is the industrial design or model as it is presented in graphic representations. Pursuant to Law no. 129/1992, any aesthetic or ornamental creation as such, not applied to a specific product, cannot be protected, this requirement being determined by the specification acc... more Legal Action against Pirating of Marks 26.06.2005 Trademark registration grants the holder an exclusive right over the trademark, providing the latter with a right of action against any person who, in good or bad faith, and under any form, prejudices its right. The efficiency of the exclusive right of trademark exploitation implies the existence of... more Pirating Marks by using Internet Sites for E-commerce Activities 26.06.2005 The Tribunal de Grande Instance of Paris, 3rd chamber, 2nd section, through the decision of February 4th, 2005 delivered in the case of Louis Vuitton vs. Google, admitted that, the supply of advertising services by Google Company on its site, services that allow the association of key words such as ... more Case Law in Intellectual Property Matters 26.06.2005 The Constitutional Court, Decision No. 541 of December 7th, 2004 regarding the plea of unconstitutionality of provisions of art. 96 letters c) and d) of Law no. 8/1996 regarding the copyright and related rights more
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