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Enforcement of judgments regarding the infringement of rights over trademarks in cross-border cases in the European Union
22.06.2010
The article refers to the enforcement of judgments in trade mark infringement proceedings in cross-border cases. The authors present the special multi-level rules related to the enforcement of judgments in cross-border community trade mark infringement cases in the European Union. Although a Communi...
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Copyright and technological progress
22.06.2010
Modern communication and storage techniques have seriously affected moral and patrimonial rights falling under the copyright. Trying to keep up with the technological progress, the copyright requires some legislative adjustments. The emerging proposals have clashed with fundamental freedoms such as ...
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Protection of intellectual property rights and restriction of Internet access
22.06.2010
The article underlines the importance of the protection of intellectual property rights which encourage the development of the culture and the economy. In this context the author focuses on the new challenges to these rights determined by the internet that create a new tension between their protecti...
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Use of key words recorded as trademarks in Internet search engines
22.06.2010
In dealing with the continuously developing technology both legislator and court have to face tougher challenges and shoe-horning efforts. The business model developed by Google – and indeed the life-support system for this ‘model’ of a business – is a very good example...
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Rights of retransmission by cable – collective management of the right of retransmission by cable
22.06.2010
The article presents cable retransmission right evolution starting with the provisions of the Berne Convention and ending with the Cable – Satellite Directive. At the same time, the article emphases the collective management systems set up at the international level for the cable retransmissio...
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Practice of the prosecutor’s offices in the field of intellectual property rights
22.06.2010
The practice of prosecutor’s offices as regards the settlement of cases having as subject matter offenses related to the legal system of intellectual property rights emphasized a real analysis of the phenomena of piracy and counterfeiting, revealing legislative inaccuracies (trademarks and car...
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„Ownership” over folklore – comparative law issues
22.06.2010
Folklore is an important element of traditional artistic heritage of a nation. Protection of folklore is a controversial subject, because national legislations have different dispositions. Developing countries have provided for copyright protection, while developed countries consider that folklore i...
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Copyrights in Poland
22.06.2010
The article puts the development of copyright law in Poland in a historical framework, following the creation of the current Polish copyright regime from its critical reevaluation after the 1989 political changes in light of Poland’s goals for EU integration and its desire to better mirror int...
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The right to the integrity of the work – a limitation of the right of ownership?
22.06.2010
Can a moral right constitute a limit to a real right? What attributes of the right of ownership can be limited?. Can the right of ownership be limited by the author’s moral right to compliance with the integrity of the work?. If yes, then under what conditions?. If no, then what is the efficie...
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Considerations on posthumous works
22.06.2010
The review the authors make in this article, having as subject matter posthumous works, is intended to answer the following questions: Is the disclosure of works by another person possible subsequent to the death of the author? Who can make this disclosure and what are the conditions under which a d...
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Review of the offence provided under art. 140, parag. 1 letter a) of Law no. 8/1996 on Copyright and Related Rights
22.06.2010
The author makes a detailed analysis of the offence of reproducing works or products bearing related rights, without any right, provided under art. 140, paragraph 1, letter a) of the Law regarding copyright and related rights.On this occasion, the author examines the object of criminal protection, t...
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Listening to the accused or the defendant in the case of the offence provided under art. 140, parag. 1 letter a) of Law no. 8/1996 on Copyright and Related Rights
22.06.2010
This study approaches the activity of listening to the accused or the defendant in case of the offence provided under art. 140, paragraph 1, letter a) of the Law regarding copyright and related right, from the criminal procedural and forensic perspective. The main issues dealt with consist of: prese...
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The law applicable to non—contractual civil legal relations with an element of foreign origin in the field of intellectual and industrial property
22.06.2010
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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Double patenting
22.06.2010
The work defines the principle of double patenting and afterwards approaches this subject from historical perspective, referring in particular to the relevant case law at the Court of Appeal of EPO. It deals with the succession of decisions made by this Court, decisions providing both a theoretical-...
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Considerations on the duration, transfer and extinguishment of rights
22.06.2010
The authors bring forward specific matters concerning the time limit, transfer, and extinction of the utility models inherent rights, creations of an industrial applicability, only recently regulated by the Romanian law, through Law no. 350/2007.The article is focused on the juridical elements ...
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Protection of plant varieties by intellectual property right
22.06.2010
Plant variety rights (PVR) are intellectual property rights granted to the breeder of a new variety of plant and represent one of the least studied of all forms of intellectual property. In this paper, we review rationales for granting intellectual property rights in new plant varieties and identify...
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Specificity of work relations in case of inventor employees
22.06.2010
During the display of the juridical reports of work, the subjects of this report, the employee and the employer, have specific rights and obligations, settled in the individual contract of work concluded by these.When the employer has to carry on an intellectual and inventive working activity, the p...
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