This study presents the author’s points of view relating to the changes and motivation that determined the legislator to amend the offences against trademark and geographical indication rights.
The author also presents the doctrine-based opinions on the matter and criticises them by reference to the rules of the special law governing the protection of trademarks and geographical indications.
The analysis of the amended offences is conducted in close connection with the institutions referred to in the general part of the current Criminal Code which are concerned by the investigated charges.
At the same time, this study comprises a summary of the ideas that form its architecture, in order to give those interested the opportunity to lay down questions, to identify answers and to set value judgments.
Ciprian Raul Romițan*
The first law in the field of the legal protection of topographies of semiconductor products in Romania was adopted in 1995. In the twenty years that have passed since the adoption and entry into force of Law No 16/1995 on the protection of topographies of integrated circuits, it was supplemented, amended and republished several times. For this reason, and not only, it has become imperative to provide a new analysis on the legal and judicial protection of topographies of semiconductor products. In this study, the author provides an in-depth analysis of the special law in the field, and also presents a series of statistical data regarding the evolution of the sales of semiconductor products worldwide from 1988 to 2014.
Alisa Valeria Toma*
It is required the prior consent of holders of the copyright or the related rights for digitizing and making available to the public the works or other protected objects. As being a real major action in all Member States, it could not have been accomplished in those cases where not having been identified any holder of copyright or, even identified, could not be located, this is why it is considered necessary the adoption of Directive 2012/ 28 /EU of the European Parliament and of Council of October 25, 2012 on certain uses of allowed orphan works. This Directive was implemented in the Romanian law by ammending Law no. 8/1996 on copyright and related rights by Law no. 210 of July 21, 2015, regulations which are just analyzed in this article.
Ana-Maria Marinescu *
The assignment and licensing are two main intellectual property institutions, because their purpose is the contractual transfer of the economic rights, being applicable both to copyright (written works, musical works, computer programs etc.) and related rights (phonograms and videograms) and also to industrial property (trademarks, patents etc.).
Having in mind the complexity of the subject, this is the first article from a complex series and it aims to underline the general theory of the contracts for transferring copyright patrimonial rights.
The article analyzes the general rules applied to the transfer contract same as in the common law namely: the capacity of the parties, the consent, the object and the cause. Also, the article analyses the special conditions provided by the Law no. 8/1996 on copyright and related rights: the economic rights transferred, the forms of exploitation, the duration and scope of the transfer as well as the remuneration payable to the copyright owner.
Nicoleta Rodica Dominte*
"Registered personality" and "registered images" are notions stipulated in Image Rights (Bailiwick of Guernsey) Ordinance, 2012. Though, image rights are an object of Intellectual Property Law, which have been registered at the Intellectual Property Office from Guernsey since December 2012. The owner of an image right is a personnage, which can be a natural person, a legal person, a joint personality, a group, a fictional character.
The idea of a registered personality is not a new concept that was framed on the background of publicity rights in USA and the conflict with copyright law in Europe. However, it was legislated, as an object of Intellectual Property Law for the first time