Ciprian Raul Romiţan*
Geographical indications, along with factory marks, trademark or service mark, brand and commercial logo, belong to the category of distinctive signs of the trade activity, which forms, together with the category of technical or aesthetic new creations related to industrial products, one of the two great branches of intellectual property, namely industrial property.
The study describes the registration procedure for geographical indications and designations of origin in the European Union system (national exam also in the European Commission), and the registration of geographical indications with OSIM (Romanian State Office for Inventions and Trademarks). The study also presents a series of statistical data at EU level concerning protected geographical indications, protected designations of origin and traditional specialties guaranteed.
If a patent gives its holder an exclusive right over the products or procedures it protects and if a standard is a document that sets out requirements for everybody to follow in order to properly obtain a certain result, a standard essential patent may only be a peculiar and complex concept. Thus, a standard essential patent (SEP) is a patent that protects a product or more often a procedure that is essential to a standard, in the way that it is impossible to manufacture standard-compliat products such as smartphones, tablets and other gadgets without using technology covered by SEPs.
To alleviate any competition concerns and to ensure that the benefits of standardization are promulgated, SEP holders are required to commit to licensing their SEPs on FRAND (fair, reasonable, non-discriminatory) terms, a condition that aims to ensure that the technology incorporated in a standard is accessible to the standard users and that the SEP holders are financially rewarded.
The Romanian Act no. 8/1996 regarding copyrights and related rights incriminates certain facts which are punishable as contraventions and some acts that are incriminated strictly as a crime, but if you carefully go through all the legal texts, you notice a standard formulation like "a fact is punishable as contravention, if it does not represent a crime "explanation which is not unimportant, but rather major relevance both the theoretical and practical issue which we will try to clarify immediately.
* Lucrarea a mai fost prezentată pe site-ul www.juridice.ro.
The rapid development of digital and network technologies has led to a situation where the protection of intellectual property objects related to their digitization and use in the communication networks has become the most problematic in the field of copyright and related rights. Thus, the traditional concepts of copyright and related rights become increasingly irrelevant in the context of new ways of use, such as the use on/via the Internet. Given the existing conditions, the authors of this article examine the legal aspects governing the concepts of public communication, reproduction, transmission, retransmission, broadcasting organization and of rights resulting therefrom under continuing and rapid development of information and communication technologies.
The Directive 2014/26/EU on collective rights management and multi-territorial licensing of rights in musical works for online uses aims at ensuring that rights holders have a say in the management of their rights and envisages a better functioning of the collective management organizations in the EU. The transposition term into national law was 10 April 2016.
Romania managed to draft a proposal for amending and completing the Law no. 8/1996 on copyright and related rights, after a first proposal drafted by the Romanian Copyright Office (ORDA). The actual proposal was drafted by the Ministry of Culture after the consultations of the collective management organizations.
The article will analyze in a detailed manner the proposal for amending and completing Law no. 8/1996 regarding all its aspects and especially the dispositions on the collective management of rights, works and other protected objects.
* Lucrare prezentată în cadrul „Conferinţei internaţionale bienale” a Facultăţii de drept din cadrul Universităţii de Vest din Timişoara, secţiunea de Dreptul proprietăţii intelectuale, organizată în colaborare cu ASDPI şi RRDPI, Timişoara, 28-29 octombrie 2016.