Ana-Maria Marinescu *

Abstract

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.

* Drd., Director General Societatea Autorilor și Editorilor Români de Opere Științifice - PERGAM, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.