Abstract

Alin Speriusi Vlad*

This study is an in depth study of a previous research on moral rights published in the research in the Romanian Intellectual Property Law Magazine from the perspective of their relationship with economic rights. Unlike other non patrimonial rights, in the case of intellectual property moral rights, we have an object that coincides with the object of intellectual property economic rights that consists in intellectual creation. Moral rights are radiating far beyond the personal non property aspects of the author's, having a direct impact on the commercial circuit of the intellectual creations. On the other hand, inalienability, which is specific to them as non patrimonial personal rights, does not imply the prohibition of the transfer of moral rights by means of inheritance, since even if the non patrimonial rights cease at the death of the holder of these rights, this solution is rejected in the field of intellectual property with the motivation that the personality of the author, as reflected in intellectual creation, must be protected after his death. The recognition of the author's moral rights emphasizes the importance of the author in all legal relationships that are born in connection with the protected intellectual work. Any obligation assumed by the author or his co contractor may be restricted or extended by invoking the fact that the author's moral rights would be violated or would not be entirely protected. The intersection of the moral and the patrimonial aspects in the intellectual relations with the object of intellectual creation gives rise to a particular type of single moral patrimonial legal obligation, which does not resemble any other category of legal obligations. At the same time, any agreement concluded by a person who has acquired the economic patrimonial rights over intellectual creation with any other subject of law can not deny or diminish the moral rights of the author or the holder of the protected moral right, being void. Granting material damages to cover moral damages on the basis of invoking contractual civil liability in the field of intellectual property is recognized by judicial practice as opposed to the traditional rule that moral damages can not be claimed in the event of non compliance with contractual obligations

* Lect. univ. dr., Facultatea de Drept, Universitatea de Vest din Timişoara, E mail: alin.speriusi@e uvt.ro

Partners