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Pages in the history of plagiary: A chain of weaknesses
29.03.2009
Plagiary existed and will continue to exist until the end of time. Today more than yesterday, tomorrow even more than today. And we, the eternal ignorants, do what we always did: read them avidly, marveling at the profoundness of thinking, the width of documentation – sometimes – at...
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Intellectual property rights protection in Hungary
29.03.2009
The article refers to the disputes in connection with the counterfeiting and the validation of brands in Hungary. The author presents the rules and the practice of these disputes, also with an emphasis on the complex rules of the disputes related to community brands. It can be established that the a...
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The work of fine-art – a source of potential conflicts between the author and the owner of the material support of the work
29.03.2009
The purpose of this article is to deal with one of the main problems of the legal regulation of the works of fine arts (w.f.a.), that is the relationship between the exclusive prerogatives of the two right holders that can exist in the same time over this category of works: the owner of the work and...
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Exercise of the author's moral rights by his/her heirs
29.03.2009
As a principle, moral rights could not be transmitted through succession means, this being the case of the moral rights author or of the interpreter. However, the Romanian law allows for the heirs to exert some of the inheritable moral rights, for the purpose of protecting the intellectual creation ...
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Works and ideas. Plagiary. Exception of the exception
29.03.2009
According to the provisions of the Law 8/1996 the ideas are not protected and can not obtain protection. On the other side, the dispositions of the Law 206/2004 give legal protection to the ideas defining also the notion of plagiarism. Therefor we suggest to give a legal definition of the general no...
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Contributions to the study of legal regulations with respect to publishing contracts
29.03.2009
The current study represents a critical, analytical and comparative analyze of juridical norms dedicated to the publishing contract stipulated by the Law â„– 8/1996 related author’s rights and other related rights. The idea of the study has been generated both by the relative high frequency of...
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Private copies of scientific works from the legal field. Penal liability according to Law no. 8/1996 on copyright and related rights
29.03.2009
The activities of copying, distributing or trading in scientific works, without the consent of the author or of the rights’ holder, are known under the denomination of piracy and are illegal actions because they affect all the parties involved in the creation and valorisation of these categori...
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Criminal investigation methodology for offences provided under art. 1396 of Law no. 8/1996 on copyright and related rights
29.03.2009
The article approaches, from a forensic perspective, the offences stipulated under art. 1396 of Law no. 8/1996 on author rights and the related rights, with reference to the private copy of scientific works in the legal field.In the first place, a determination of the forensic characteristic of a pe...
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Provisions of the Rome Convention with respect to the protection of radio diffusion bodies
29.03.2009
According to article 2, paragraph 1) of Rome Convention on the protection of interpreting or performing artists, of phonogram producers and of radio diffusion bodies, the protection granted consists in the national treatment a state grants to performances, phonograms and national radio and TV shows ...
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Particularities regarding the offence of counterfeiting in the case of notorious and renowned brands
29.03.2009
In the common understanding, the notoriety reveals the feature (of a person, fact) of being notorious, i.e. being known by many people; it is a synonym of reputation (favorable or adverse public opinion, on somebody or something/the manner in which somebody is known or appreciated), fame. In this re...
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Counterfeiting and combating counterfeiting
29.03.2009
Commercial counterfeiting is a major threat for the global economy and poses serious threats to consumers’ safety and health. Given the magnitude and impact of the phenomenon, all measures available must be used to combat it. In this paper, we outline the main issues around the phenomenon and ...
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The community brand system
29.03.2009
The brand represents a sign (or a mark) which has the role to allow the consumer to make the distinction between two or more identical or similar products; thus, by the recognition of these marks which are associated with products, the consumer even manages to differentiate those products which are ...
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Protection of drawings or of non-registered community patterns
29.03.2009
The non registered community drawings and designs constitute a novelty in the field and such as it is also mentioned in the 16th preamble of the Community regulation no. 6/2002, one of the considerations is the large number of drawings and designs intended for products which often have a short econo...
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