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Issues regarding Use of International Nonproprietary Names for Pharmaceutical Substances in the Internet Domain Name
27.12.2007
The need to ensure the identification of pharmaceutical substances or active pharmaceutical ingredients by a unique, universally accepted and available name is widely recognized. World Health Organization has the mandate to “develop, establish and promote international standards with respect t...
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Extras – Subjects of Related Rights or Just Part of the Set?
07.12.2007
Often a performance has to be put in place not only with the actors but also with the help of a certain category of persons which are not expressly protected by the provisions of the Law 8/1996. (performers as utility actors).However the final result of the show can not be obtained without their par...
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New Issues regarding Community Regulatory Harmonization in terms of Legal Acts and Intellectual Property
07.12.2007
If, traditionally, each state would set by means of domestic regulations the law applicable to legal relations with an extraneous nature, Regulation EC No. 864 of July 11, 2007 aimed at a uniform standardization, across the Community area, of the law applicable to legal relations in matters of non-c...
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Sui-generis Rights of Database Makers (III)
20.12.2007
Without abstract in English
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Review of the Offense under Article 139(8) of Law 8/1996
21.12.2007
The author makes a monographic review of the offence, of offering to the public the products bearer of authors' rights, stipulated by article 1398 of Copyright law, also taking into account the lay down of this provision in the new Criminal Law Code with minor changes. With this occasion, there are ...
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Problems of the Definition of Work of Art in the Copyright Law of the Republic of Moldova
21.12.2007
This article is intended to enlarge the knowledges of the copyright of the readers, and especially to clarify what is the essence of the artistic works, that are one of the mains objects regulated by copyright. In order to do this, the author tries to define the concept of „work” and&nbs...
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Legal Competence for Disputes concerning the Monetary Rights of Authors, Interpreting or Performing Artists or Producers of Sound and Audiovisual Recordings
21.12.2007
The right to compensation of authors, interpreting and performing artists and producers of sound and audiovisual recordings is an intellectual property right.According to article 2, item 1, letter e) of the Code of Civil Procedure, the tribunal handles in the first instance the “lawsuits and c...
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Collective Management Bodies in Romania
21.12.2007
Without abstract in English
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New Domestic Regulations regarding Registration of Geographical Indications and Designations of Origin
21.12.2007
The coming into force during the month of November of some regulations on the procedure of registration of geographical names and indications entailed a brief analysis of these regulations. In this frame, there occurs the presentation of the procedure of national registration, opposition...
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Brief Reflections on Notorious Mark and Famous Mark
21.12.2007
Without abstract in English
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Several reflections on the enforcement of Council Regulation No. 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights
21.12.2007
The moment of highest importance in the fight against counterfeiting and piracy was the signing of the Agreement on trade-related aspects of intellectual property rights (TRIPS), appendix 1C to the Marrakech Agreement establishing the World Trade Organization, signed on April 15, 1994.After signing ...
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The Average Consumer (for Certain Categories of Products/Services) and Analysis of the Risk of Confusion and Association in Examination and Opposition Procedures
21.12.2007
Who can be deemed as the (average) consumer for the various products or services under a mark?The more or less educated citizen hurriedly picking a low-cost, general-purpose product?Are things the same when the product is high-priced?What about special-purpose products (computers, medical devices, l...
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Franchising Contract (Franchise) (II)
21.12.2007
The franchising contract, due to actual legislation, is the one by which a company – the franchiser offers to another one – the franchisee, the rights for obtaining and commercialize a certain type of products and/or services. This type of contract must contain at least these obligations...
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First Romanian Regulations regarding the Rights of Authors of Literary and Artistic Works
21.12.2007
The first regulations concerning the rights of the authors of literary and artistic works in Romania were adopted by the Press Act of April 1, 1862, under the rule of Alexandru Ioan Cuza.This Act, considered as a “compilation” of the French Act of 1793 concerning the literary property, r...
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Mark assignment. Lack of the active procedural capacity of the assignor in the action regarding counterfeiting. Inadmissibility of transfer of the procedural capacity to the assignee. Claim of intervention in its own interest and in the claiming assignor’s interest stated by the assignee. Effects (Selection and processing by Associate Professor Mihaela Tabarca, LL.D., judge with the High Court of Cassation and Justice)
21.12.2007
Without abstract in English
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Action regarding loss of the mark right. Interest in making the claim. Assumption of preexistence of an application for registration of an identical or similar mark. Actual interest. Assumption of assignment of the international mark refused for registration in Romania. Personal and legitimate right of the assignee. Assertion of the intention of business expansion in Romania (Selection and processing by Andreea Liana Constanda, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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Action regarding loss of the mark right. Deceptive mark. Acquisition of the deceptive character further to mark registration. Change, during use, of the manufacturing site (Selection and processing by Andreea Liana Constanda, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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Action regarding counterfeiting. Identical products. Sign similar to mark. Risk of indirect confusion (lato-sensu) (Selection and processing by Carmen Georgeta Negrila, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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Action regarding counterfeiting. Identical products, similar signs. Counterfeiting in disguise. Risk of direct confusion (Selection and processing by Carmen Georgeta Negrila, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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Marks. Action regarding counterfeiting. Exception of the court’s territorial incompetence – terms of use. Irrelevance of good faith of the defendant in counterfeiting matters (Selection and processing by Viorel Voineag, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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Marks. Action regarding loss of the rights conferred by the mark. Acts within the scope of the phrase “actual use” as referred to under article 45, paragraph 1), letter a) of Law 84/1998. Requirements that must be met (Selection and processing by Viorel Voineag, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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Arbitration award delivered following the arbitration organized within ORDA (Romanian Copyright Office). Institution the appeal claim is filed with. Impossibility of enforcing the penalty of nullity in case the appeal claim is directly filed with the Court of Appeals in Bucharest. Distinction between “phonograms published for commercial purposes” and “trade phonograms”. Distinction between mandatory collective management of copyrights and related rights and optional collective management – Applicability. Base of calculation of compensations. Amount of compensation – equality of legal treatment among payers (Selection and processing by Viorel Voineag, judge with the Court of Appeals in Bucharest)
21.12.2007
Without abstract in English
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