Alin Speriusi-Vlad*
Claudia Roşu**
Abstract
This study goes over the same subject matter as a previous paper published by the same authors in the Commercial Law Review[1], due to the current poor regulation in Romania of the Franchise Agreement and after the new Civil Code came into effect. Even after Romanian private law settled down after the new regulations of the new Civil Code and the laws modified when it came into effect, agreement obligations of the franchisor and the beneficiary, we believe that this matter is poorly regulated by G. O. no. 52/1997 republished. The franchisor has the following obligations: 1) The requirement to own and operate a business within a certain period of time prior to the launch of the franchise network. 2) The requirement to be the owner of the intellectual / industrial property rights. 3) The requirement to give initial training to the beneficiaries and ongoing technical and commercial assistance, throughout the duration of the agreement. The beneficiary has the following obligations: 1) The requirement to develop the franchise network and to maintain its common identity and reputation. 2) The requirement to provide any information to the franchisor to facilitate knowledge and analysis of actual performance and financial situation in order to ensure effective management in connection with the franchise. 3) The requirement to not disclose to third parties the know-how provided by the franchisor, for the duration of the franchise, and subsequently.
* Lector univ. dr. Universitatea de Vest Timişoara, avocat Baroul Timiş; email: This email address is being protected from spambots. You need JavaScript enabled to view it..
** Prof. univ. dr. Universitatea de Vest Timişoara, avocat Baroul Timiş; email: This email address is being protected from spambots. You need JavaScript enabled to view it..
Bujorel Florea*
Abstract
This study analyses the criminal aspects of the drawing or model counterfeiting offense resulting pursuant to the amendments brought to the same pursuant to the law enforcing the current Criminal Code. The author examines the reasons leading to the amendments brought to the offense investigated in connection to the institutions newly regulated by the current Criminal Code, such as, for instance, the day-fine or the reconciliation concepts, which represent causes for the removal of criminal liability. The article also analyses the amendments through which certain legal texts were eliminated for the very purpose of avoiding the overlapping of the same legal norms. The specific elements of the envisaged offense are also highlighted, the doctrine in the field is stressed, and the author’s personal opinions are expressed, including the new law proposals regarding the controversial matters in the concerned area.
* Conf. univ. dr., Facultatea de Ştiinţe Juridice, Politice şi Administrative Bucureşti, Universitatea Spiru Haret, avocat Baroul Bucureşti, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Ciprian Raul Romiţan**
Abstract
Twenty years after the adoption of the Law no. 8/1996 on copyright and related rights, the author proposes a short review of the legal acts adopted after the establishment and organization of the modern and united stated of Romania. The study analyzes the main laws adopted in the field of copyright and connected rights: The Press Law of 13 April 1862; the 1923 law on literary and artistic property; Decree no. 321 of 18 June 1956 on copyright and Law no. 8/1996 on copyright and related rights. The author finally concludes that the current law mostly is harmonized with the European directives and responds to the social, economic and political situation of our times.
* La elaborarea acestui studiu am folosit majoritatea textelor scrise de mine în această materie şi publicate anterior în lucrări ale mele apărute la editurile „Universul Juridic” şi „All Bech”, precum şi în „Revista română de dreptul proprietăţii intelectuale” şi „Dreptul”. Texte scrise de mine în perioada 2005-2016 şi menţionate pe parcursul studiului, au fost revizuite, modificate şi completate după o laborioasă documentare.
** Doctor în drept, avocat asociat SCPA „Roş şi asociaţii” Bucureşti; E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Ana-Maria Marinescu*
Abstract
This article underlines in a brief presentation the taxation regime regulated by the New Fiscal Code, entered into force at January 1, 2016 in the field of intellectual property rights, especially regarding copyright and related rights. Also, the article analyses the mandatory social contri-butions paid to the state budget for the intellectual property rights revenues, namely the unemployment social contribution and health social contribution, and the percentage applicable to VAT.
It is also summarised the conditions for an activity to be considered independent and not to be characterised as an employment activity.
I refer also to the annual declarations that have to be submitted to fiscal authority.
In the end, the article summarize the regime of the intellectual property revenues obtained abroad.
* Drd., Director General Societatea Autorilor şi Editorilor Români de Opere Ştiinţifice - PERGAM, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Gheorghe Gheorghiu*
Abstract
Distinguishing the real relation between intellectual property and the property of the material support of a work can be better understood by a new approach of the notions of thing, good and economic copyright. It is what is intended in the present study.
* Conferenţiar univ. dr., avocat Baroul Bucureşti, E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
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