Essential facilities designate specific inputs which are essential for the production of other downstream goods.
Inputs are situated upstream and so are eligible for intellectual property protection. In order to foster competition in the downstream, holders of these inputs should be forced to give access to potential users, by offering them operating licenses. In other words, one must respect the exclusive right of intellectual property holder to freely exploit his invention or must he be sacrificed in favor of downstream competition?
In the present analysis we intend to analyze some of either controverted or less known judicial aspects related to the theory of essential facilities.
Nicoleta Rodica Dominte*
A frequent sign in tradmarks is represented by colours or shade of colours. The European Union Court decided that a colour per se may acquire distinctness in the Libertel case. The challanges of a trademark registration are raised by the graphic represention, the distinctive character and the risk of monopolisation. The jurisprudence reveals that a colour can be registered as a trademark if the judges will analyse all the circumstances of the case. With this view in mind, we want to establish if a colour can be protected as the dominant element or as the unique sign of a trademark.
* Lector univ. dr., Facultatea de Drept, Universitatea „Al.I.Cuza” Iaşi
In this study we intend to analyze some aspects of the interference in institutions of competition law with industrial property law, due to rich legal practice. We will focus in particular on the company and the relevant market.
Paul George Buta*
This paper analyzes the amendments brought by Romanian Government Ordinance no. 12 of 2014 to the Law for the repression of unfair competition no. 11 of 1991 as well as the links created and severed between the 1991 law and other normative provisions, the most relevant of which has become the Competition Law no. 21 of 1996. While the analysis is mostly focused on the changes made and effects thereof on the overall system for the combating of unfair competition in Romania, some considerations pertaining to the constitutionality of the Ordinance are also made. Moreover the paper takes into account the most recent legislative developments surrounding the Parliamentary debate concerning the adoption of a bill for a Law to approve the Ordinance and amendments proposed therein.
* Asistent univ. dr., avocat SCA „Mușat și Asociații” București.
The article aims to underline the main characteristics of booking agent activities. First, distinguish the activities done by a booking agent from the ones done by a personal manager, business manager, tickets agent or a tour manager. Second, relies on the legal aspects regarding a booking contract, namely the contract concluded between an artist and a booking agent in order to promote and develop the artist’s activity in concerts, spectacles and other events.
The contract is analysed regarding its object, legal capacity of sides, extent, the exclusive and non-exclusive character of booking, effects between sides and other persons, the obligations and the rights of the parties, the remuneration, duration, ceasing and cancellation of the contract.
Also, the contract is analysed compared to other civil contracts, like agency contract, intermediation contract or commission contract.
In the same manner is pointed out the link between the contract and the copyright and related rights legislation.
Key words: booking agent, personal manager, business manager, tickets agent, tour manager, booking agent certificate, booking agent note, booking agent contract, legal capacity of sides, extend of the contract, exclusive booking agent, non-exclusive booking agent, efects of the contract, the obligations of sides, the rights of sides, remuneration, duration, ceasing of contract, cancellation of contract.
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