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IN MEMORIAM - 10 years without Yolanda Eminescu
20.03.2008
On March 9th, 2008, 10 years have passed since the loss of Yolanda Eminescu - remarkable personality, extraordinary researcher and professor, one of the brightest minds of Romanian law in general and of the intellectual property right, in particular, who has left us a rich and impressive academic le...
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Contributions to the study of the joint and collective work’s legal regime
20.03.2008
Considering the provisions of articles 5 and 6 of Law no. 8/1996 on copyright and related rights by which certain norms with general application regarding the legal regime of the joint work, respectively of the collective one is laid down, the author realizes a very well documented study in which th...
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Protection of informatics programs: technical and legal aspects
17.03.2008
Software can be a very valuable form of intellectual property. Through piracy, reverse engineering or tampering, software can be used, misused, or sold illegally. The very negative effects of software abuse make a strong case for the need to protect it. In this paper, we discuss the main vectors of ...
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Sanctioning of the copyright breach of computer programs in the law of the Republic of Moldavia
20.03.2008
The necessity to protect the different categories of works, in general, and of computer programs, in particular, is a current prerogative. Although currently there are mechanisms of protection, materialized through national laws of the states and international treaties, the debates on this subject c...
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Attacking in justice the petitions formulated in the area of the intellectual property right
17.03.2008
The provisions of the Romanian Law regarding the legal procedural fees for all the claims regarding intellectual property law are governed by three different laws. The article tries to establish the correct rule to be applied in order to avoid different unlegal solutions.
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The court competent for disposing measures of evidence preservation, provisional and insurance measures in the area of industrial property rights
17.03.2008
The protection of the intellectual property rights represents a high priority at the European level. This is an understandable condition for the consolidation of the common European market. The Romanian State’s objective to properly enter this market determined the Romanian authorities to upgr...
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Legislative technique deficiencies in the Romanian copyright law
17.03.2008
Without abstract in English
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Again about the appropriation of the quality of author of the drawing or model
17.03.2008
Because of the radical changes brought to the law number 129/1992 regarding the protection of the industrial drawings and models by the law number 280/2007, the author rethinks the analysis of the offence of unrightfully appropriation the author quality of industrial drawing or model.The article app...
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Sui-generis rights of the databases creators (IV)
17.03.2008
Without abstract in English
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Considerations regarding article 138 of Law no. 8/1996 on copyrights and related rights
17.03.2008
Without abstract in English
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Trial competence of the disputes from the area of brands and geographical indications
17.03.2008
From examining the case law from the area of the intellectual property right I have found that there is no unitary point of view regarding the legal body to which the competence to settle disputes on this matter corresponds, a fact which can affect, in my opinion, the credibility and coherence of th...
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Management of the related rights of artists who are interpreters or executants
17.03.2008
The collective management of copyrights and related rights represents a necessary stage for the implementation of certain rights regarding the numerous exploitation means. Certain patrimonial rights of artists, interpreters or executants, have proved to be difficult to evaluate independently from th...
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Criteria of appreciation of the risk of confusion, also including the risk of association (article 6 letter c of Law no. 84/1998)
17.03.2008
A brand, in order to be registered, apart from the distinctive character it must have, in order to fulfill the essential condition of a brand, that of differentiating the products or services of a private individual or legal entity from those belonging to other persons, it must be available, respect...
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Third parties’ opposition and observations. Settlement procedure
20.03.2008
In the prospect of the Romanian adhering to the UE, was necessary the modification of the national Law no. 84/1998 referring the trademarks and the geographical indications.This Law, on the moment of the endorsement, assumed the general principles of the Community Directive no 89/1004 and of the Cou...
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Legal nature of the franchise agreement
20.03.2008
The franchise agreement, as a manner of marketing certain products in which intellectual property rights are incorporated has become, in all European countries – due to it dynamism and lucrativeness – a form of commercial cooperation. The franchise is a recent variety of the commercial c...
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Establishing the investment patent by the courts in the hypothesis provided under article 5 paragraph (6) of Law no. 64/1991
20.03.2008
The modern law allows imperative rules in the contracts' content. Indeed, the liberalism of the contracts is overshadowed. It is mentioned the "legislative or the jurisprudential control", the "contract's decline" or the "crisis of the contract". All these su...
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