Alexadru Cristian Strenc
Recently in Romania was adopted a new regulation of service inventions by Law no. 83/2014, published in the Official Gazette no. 471/2014 and entered into force on 29 June 2014. This regulation has replaced the provisions on service inventions, which were repealed, contained in art. 5 of Law no. 64/1991 on patents.
In this study we intend to analyze the new regulation of service inventions in order to highlight the orientation and the conception of the Romanian legislator in this area, for which purpose we will define the service invention, the application area, the basic rules, the rights and the obligations established by law, the comparison with the previous regulation and finally we will present some critical issues and de lege ferenda proposals.
To begin with, we specify that without the legislator intention to empower the government to approve a regulation implementing the Law no.83 / 2014, the Ministry of Education and Research, through the Executive Agency for financing the higher education, research, development and innovation, brought together a group of industrial property specialists who produced a Good Practice Guide for the enforcement on service inventions1, intended to provide a common view of the employers and employees on the interpretation and application of this law.
The article presents a short point of view on the on the infringement of the intellectual property rights by the introduction of plain packaging of tobacco products. In the preliminary aspects, the article presents the dispositions of the framework Convention on Tobacco Control regarding tobacco advertising and promotion and also the elements of importance for the packaging of any product, including tobacco products. Regarding the infringement of the intellectual property rights by the introduction of plain packaging, are analyzed the main dispositions regarding this aspect from: TRIPS Agreement, The Paris Convention for the Protection of Industrial Property (1883) and the Directive 2014/40/UE that abolishes Directive 2001/31/CE of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco products. In the end, the article summarizes the conclusions regarding the introduction of plain packaging of tobacco products.
The present paper tries to summarize the most important changed brought by the new Trademark Directive.
The new directive regulates in more detail both substantive and procedural aspects, being considered part of the biggest reform since the introduction of the since the introduction of the CTM system.
Thus, the new Directive continues the harmonisation efforts of the previous directives, adding new layers of harmonisation based on the rulings of the Court of Justice of the European Union and on the common experience of EUIPO and the national trademark offices.
The Directive is comprised of more articles than the previous ones, with additional provision regarding the trademark filing, absolute and relative ground for refusal, trademark infringement (with a significant number of articles regulating this aspect), trademark use or procedural aspects.
Where appropriate, the article also contains comments with respect to the present national trademarks law, and whether the new Directive will determine further changes of the same or the current provisions are in line with those of the new Directive.
The trademark counterfeit action must not be confused with the trademark action for annulment. The two actions have a different purpose. The problem identified by the doctrine is that of the initiation of the trademark counterfeit action against somebody who already has a registered trademark.
At European level it is considered that one can initiate a trademark counterfeit action against somebody who has a registered trademark, without it being canceled first. The Romanian jurisprudence considers that the trademark must first be canceled and only afterwards can a trademark counterfeit action be initiated.
Monica Florina Boţa-Moisin*
In view of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions autochthonous elements of identity design fall in the category of cultural goods. IA – the Romanian Blouse is such an element.
This paper proposes the design and implementation of a protection system dedicated to safeguarding and promoting o the Romanian Blouse through mechanisms that ensure authenticity, encourage creativity and innovation with respect of national identity, and translate economically the cultural value of tradition.
The discussion is placed in the field of public international law and calls for the development of cultural intellectual property, as an individual branch of law, within the Romanian legal system.
In supporting the development of a dedicated legal protection mechanism for this Romanian element of ancestral fashion, the paper show-cases the recurrent violations of cultural intellectual property law in today’s society and draws attention to possible legal solutions for eliminating such behaviours.
Finally, the paper calls for the design and implementation of a sui-generis form of intellectual property protection of the Romanian Blouse as a cultural good, pertaining to the field of cultural intellectual property. In this endeavour of legal design one should follow a similar logic to that of the right to self-determination. This entire system should be built as a mechanism of intellectual property protection, granting its collective holder a cultural intellectual property right susceptible of monetization, as well as all prerogatives specific to intellectual property rights in general.
This paper should be regarded as an introduction in the complex issue of the legal protection of the Romanian Blouse.