Alin Vlad Speriusi*

Abstract

It is very important to analyse how easy an intellectual creation can be protected even without any formal registration condition, both in the field of copyright and in the industrial property. An intellectual creation is legally protected from the moment when it fulfils the substantial condition for each categories of intellectual work. Economic intellectual property rights arise simultaneous with the fulfilment of this substantial conditions, more exactly i.e. by “the mere fact of its creation, even in unfinished form” [art. 1 para. (2) of Law no. 8/1996], in terms of art. 33 para. (1) b) of Law no. 64/1991, republished, from the moment of the application of product or process [which is the originary object of the invention according to the art. 6 para. (1) of Law no. 64/1991, republished] or making effective and serious measures to produce product or process or use the invention and from the moment of the fulfilment of the substantial conditions by the trademark according to the mechanisms established under the provisions of art. 5 paragraph. (2) art. 6 para. (4) b) and c) and art. 11 para. (1) of Law no. 84/1998, republished.

 

* Lector univ. dr. Universitatea de Vest Timişoara-Facultatea de drept, avocat Baroul Timiş, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it..

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