• trademark,
• representation,
• graphically,
• smell,
• taste,

Nicoleta Rodica Dominte*

Abstract

On the 23th of March 2016, Regulation (UE) 2015/2424 amending the Community trademark regulation will enter into force. The mention of colours and sounds, as signs that can be registered, will enrich the enumeration from article 4 from Regulation (UE) 2015/2424. The compa-rative analysis of article 4 from Regulation (CE) 207/2009 with article 4 from Regulation (UE) 2015/2424 reveals that main novelty is the deletion of the adverb „graphically” from the criterion of trademark repre-sentation.

(Re)conceptualising the criterion of trademark representation is an important subject within the context of smell, taste and tactile trademarks and the new text of article 4, letter b) from Regulation (UE) 2015/2424. In this article, we study if the deletion of the adverb „graphically” from the criterion of trademark representation will increase the number of smell, taste and tactile trademarks. As an effect of the new text of article 4, letter b), various inventions will be used to describe clearly and precisely a non-traditional distinctive sign. However, we can identify different obstacles that will impoverish the figures of smell and taste trademarks. Also, we intend to determine if graphic representation will continue to subsist within the framework of article 4 from Regulation (UE) 2015/2424.

* Lector universitar, doctor în drept, Facultatea de drept-Universitatea „Alexandru Ioan Cuza” Iaşi, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

• contract,
• economic rights,
• contract parties,
• parties’ capacity,
• object of the author´s contract,
• assignment,

Ion Ţîganaş*

Abstract

The author examines the legal status of the parties to the author´s contract, defines the notions of the “author of the work” and the “copyright owner”, examines the validity of the contract through the legal capacity of the parties and their consent towards the conclusion expressed by the legal act. Also, the author states the object of the author´s contract in terms of legislation and specialized literature, as well analyzes the terms of civil legislation in respect of the object of the author´s contract, namely: it must exist, be determined or determinable, be possible, be legal and in civil circuit.

* Doctor în drept, director general adjunct al Agenţiei de Stat pentru Proprietatea Intelectuală a Republicii Moldova (AGEPI), E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

• compulsory licenses,
• dominance,
• abuse,
• input,
• effective competition,

Irina Lisnic*

Abstract

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 contro-verted or less known judicial aspects related to the theory of essential facilities.

• contract,
• economic rights,
• contract parties,
• parties’ capacity,
• consent,
• object of the author´s contract,
• license,

Ion Ţîganaş*

Abstract

The author examines the legal status of the parties to the author´s contract, defines the notions of the “author of the work” and the “copyright owner”, examines the validity of the contract through the legal capacity of the parties and their consent towards the conclusion expressed by the legal act. Also, the author states the object of the author´s contract in terms of legislation and specialized literature, as well analyzes the terms of civil legislation in respect of the object of the author´s contract, namely: it must exist, be determined or determinable, be possible, be legal and in civil circuit.

* Doctor în drept, director general adjunct al Agenţiei de Stat pentru Proprietatea Intelectuală a Republicii Moldova (AGEPI), E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.