This study focuses on the analysis of article 253 of the Civil Code provisions concerning defenses of non-property rights, and provisions of art. 139, paragraph (1) and (2) of Law no. 8/1996 concerning copyright and related rights, with regard to legal action available for right holders in case of infringement of intellectual property rights stemming from intellectual creations in the literary, artistic, and scientific fields.
A future study shall approach other aspects of legal protection on non-property rights, copyright and related rights respectively, such as provisional measures that may be decided upon by the court of law in case of infringement of these rights.
The essay describes in a philosophic manner the notion of plagiarism and its relation with the deontology and scientifically research. The essay brings up to light examples of authors accuses of plagiarism in Romania and France and also the negative results for the authors that had been accused unjustly of plagiarism, the so-called the victims of plagiarism.
The essay underlines the fact that the value of works has nothing to do with originality and the value of works is not a requirement for protection. The law protects all the works without distinction: products of geniuses or simple spirits, long or short products, good or bad, moral or immoral. Copyright arises from the fact of creation and not of value.
Also, the essay presents the fact that dispositions of Law no. 8/1996 on copyright and related rights are not correlated with the ones describe in the Law no. 206/2004 on the good conduct in scientific research, which determine mentioning the sources of the ideas expose in a work.
The essay is not minted to administer justice, but to express the personal views of the author about the plagiarism and professional ethics.
* Acest studiu a mai fost publicat în http://juridice.ro/essentials/475/plagiatul-plagiomania- si-deontologia.