Alin Vlad Speriusi*
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.
The article analyses the main clauses of a publishing contract for written works and aims to be a guide for authors, including the students and the participants of CKS, if they want to publish their works. It will offer the main aspects that every author should know, when is concluding a publishing contract. Also, the article will present the authors economic rights transferred to the publisher, the legal characteristics of the contract, the notions of author, written works and publisher, the obligations of the parties.
The article will underline the importance of the publishing contract as the most common way to exploit the rights of the written works authors, hence the rules of this contract offer solutions that can be applied by similarity to other contracts that assert the rights of the authors.
* Articolul, versiunea în limba engleză, a fost prezentat în cadrul Conferinţei CKS (Challenges of the Knowledge Society) 2016, ediţia a 10-a, organizată de Universitatea Nicolae Titulescu în perioada 20-21 mai 2016.
** Director general Societatea Autorilor şi Editorilor Români de Opere Ştiinţifice – PERGAM, doctorand disciplina proprietate intelectuală – dreptul de autor şi drepturi conexe.
The latest study on the use of software, conducted by International Data Corporation (IDC) for BSA was released at the end of May 2016. The study finds that the use of unlicensed software decreased globally from 43% to 39% between 2013 and 2015. The rates of use of unlicensed software decreased in 86 countries and rose in only 7. The region with the highest overall rate of unlicensed software was Asia-Pacific at 61 percent, a one-point decline compared with 2013.
The next-highest unlicensed software rate was in Central and Eastern Europe with 58 percent (falling three-points from the rate registered in 2013). Apart from the research on rates of use of unlicensed software and economic impact of this phenomenon, the study adds an analysis of cyber-security threats and the link between the use of unlicensed or counterfeit software, on the one hand, and cyber-security threats, on the other hand, finding strong correlation between malware and unlicensed software - the correlation coefficient is 0.78, where 1.0 is a perfect correlation. Consequently, those choosing to infringe software copyrights end by also exposing themselves to high cyber-risks.
The study hereafter deals with several aspects concerning internet piracy deeds against intellectual property related rights.
The author has brought forward for analysis a few categories of intellectual works that are targets by internet piracy, such as computer softwares, literary, artistic or scientific works, domain names and audio-visual works, nevertheless acknowledging the fact that piracy may target other intellectual works as well.
Revealing both the means of infringement brought to those intellectual works related rights which are not dealt with in this study and also identifying the protection measures suitable in this respect are left by the author for the latter doctrine to analyse.
This article aims at awakening the experts’ and practitioners’ interest for this field of study, guiding and stimulating those who wish to help accelerate the process of discovering the ways and means that should assure an efficient protection of intellectual works related rights that are infringed by internet piracy.
In line with its name, the current study is aimed at analysing some legal aspects regarding the ordering agreement as regulated by Law no. 8/1996 on copyright and related rights, aspects that are still inconsistently analysed in the specialty literature. This situation is most likely to have been generated by the scarce regulations of this type of agreement in Law no. 8/1996.
This study represents an attempt to make a personal contribution to the in-depth, logical and judicial, systematic and systemic analysis of provision of art. 46 of Law no. 8/1996.