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The right of quoting
11.10.2009
The right to quote is the right to reproduce brief excerpts from the works of the predecessors. In order to be licit, the reproduction must be brief, in compliance with the good usage and not to prejudice the quoted author. Excess quoting is a counterfeit (plagiary).
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Some contributions to the study of reserved copyright legal regime
11.10.2009
The study focuses on the analysis of some regulations regarding reserved copyright established by Bern Convention for the protection of literary and artistic works, European Parliament and Council Directive no. 2001/84/CE regarding reserved copyright in the benefit of the author of the original work...
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The right of public borrowing
11.10.2009
At international level, the treaties and conventions in the copyright and related rights field, distinctly lay down the „right to borrow” and the „right to rent", that is why the two notions should not be mistaken. On the one hand, from a conceptual point of view, the public b...
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Moral right to work integrity
11.10.2009
The paper aim to explain how is working a moral attribute of the copyright. The right of integrity is a moral right, which allow the author to protect the work, wherever it is, against any physical or moral damages.The arguments that sustain the existence of this moral right reside firstly in ...
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Protection of choreographic works
11.10.2009
Choreography is generally considered the art of making structures in which dance movements occurs. Legal recognition is essential for the preservation of choreographic rights and indirectly for the preservation of choreography as an art. In this article, we discuss aspects regarding the fixation req...
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Contributions to the study of legal regulations regarding copyright exertion limits
11.10.2009
This study is dedicated to systematic and systemic analysis of conditions when reproduction or other modalities of use and transformation of one’s work are permitted, without consent of owner’s patrimonial right to use it, disregarding moral right of work to integrity, or without entitle...
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Copyright exertion limits in the European Union Member States
11.10.2009
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society legislates in article 5 the exceptions and limitations of copyright. The transposition of the Directive provisions was an important process for the protection of author’s rig...
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New propositions regarding search regulation in the case of certain offences laid down by Law 8/1996 and implications thereof
11.10.2009
The author presents some reserves about the introduction of some special procedural provisions within the content of law no. 8/1996 which stipulates that the house search warrant, released for offences perpetrated through the means of a computerized system, is considered to permit also the search of...
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Some considerations regarding evidence management for the offence provided at article 140 paragraph 1 letter a) of Law 8/1996 on copyright and related rights
11.10.2009
The study approaches the evidence management activity in the case of the offence provided at article 140 paragraph 1 lit. a) of Law 8/1996 on copyright and related rights.The defining elements for this analysis are represented by the criminal prosecution and criminal tactics activities carried out b...
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Considerations regarding scientific works’ reprographic piracy. Proposition of lege ferenda
11.10.2009
In the last years, the technological progress [the apparition of copying and photocopying machines (printers, photocopiers, scanners, multipurpose machines etc.)] enabled secondary large scale utilization of scientific works from all the areas, realized by the reprographic (photocopy) procedure.Dupl...
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The relationship between the trade secret and the copyright
11.10.2009
Defined as the formal expression of the author’s personality, the copyrighted work is basically purported to be publicly disclosed, because it is essentially towards the public that the author would like to express himself. However, in the early and intermediary stages of the creation, as well...
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Considerations regarding the special limits of exertion of utility models’ operating rights
11.10.2009
The relatively recent regulation of the utility models in our law system has much limited the doctrine’s attempts and inclinations to express its points of view with regard to the definition and clarification of certain controversial, or ambiguous matters concerning the legal protection of thi...
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Conflict between trade names and trademarks
11.10.2009
Without abstract in English
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