The main purpose of the paper is comparing different trademark protection system, focusing on European jurisdictions and the relevant legislations.
The comparison focuses on the Romanian jurisdiction, as representative for the attributive system, and the Italian jurisdiction, which the doctrine considers representative for the declarative system. For each of them, the relevance of both use and registration are presented in terms of acquiring, consolidating or loosing protection.
By presenting the first to use and first to file systems, the article aims to compare them by outlining the advantages and disadvantages of both systems, and also by showing what they have in common in terms of legal consequences.
The article also describes the approach of international conventions with respect to trademark protection system, focusing on the legislation of the European Union, which is also directly relevant to both jurisdictions chosen to outline the two systems.
Finally, brief commentaries regarding the notion of "use" are made, along with conclusion regarding the analyzed trademark protections systems.
Alexandru Cristian Ştrenc*
This study analyzes, based on a court case solution, the possibility of a third-party in good faith to use patented inventions which have lost patent protection because the aintenance fee provided by the law has not been paid, highlighting the legal and jurisprudential discrepancies, with de lege ferenda proposals.
Ciprian Raul Romiţan*
In the second part of the study "From the clay books to the digital books", the author summarizes the conditions that encouraged the birth of the privileges, the censorship stablishment and the made up of the legal deposit. Also, the author makes some short analysis regarding the grant and the administration of the privileges in the next period after the invention of the printing press, the setting up of the censorship in the faded Europe and Romanian lands (in Transylvania, Moldova and Ţara Românească) and also the setup of the legal deposit in France and the Romanian territories. The study ends with the presentation of the present legal deposit regulations in Romania.
In Turkey, the legislation regarding the collective management of rights establishes in a broad manner the setting up, the functioning and the activities of the collective anagement organizations (CMOs). Several amendments and improvements can be done for a better collective management system in Turkey and in order to bring the Law no. 5846 on intellectual and artistic works and the other regulations on collective management into full accordance with the EU Directives (mainly with the EU Directive on the Collective Management) and practices in the field, with a special focus on provisions about transparency, accountability and good governance. There is a need to implement the EU Directive on the Collective Management and to keep amending the Law no. 5.846 on intellectual and artistic works, the provisions regarding the collective management system.
The article will present the setting up of the CMOs, the scope and the legal nature of the CMOs, the statute and their organizational structure, the CMOs attributions and obligations, members, mandate and economical rights, the procedure for establishing the tariffs and the supervision of the CMOs.
Also, the article will present the list of the CMOs in Turkey and the field in which they operate.
The present study analysis the nature of law and the citation obligation of fragments from pre-existing works used in following intellectual creations.
The study is intended to mark up the doctrine points of views regarding the conditions that need to be fulfilled in the case that the legal right of citation is exercised.
Also, the requirements frame is completed with personal opinions of the author that are funded both on legal arguments and motivations from other domains of intellectual creation.
The study is intended to be an information guide on more or less known aspects of the subject, directed for intellectual creations authors being at the start of their career, to which it offers the coordinates that must be respected in the creation process, in order that the works that they create not to be accused of plagiarism.
In the same time, the study addresses also to the well-known creators from different fields of intellectual property as authors of works of spirit, that tries to inspire, to stimulate and to determine to continue their creation process respecting the traditional spiritual patrimony and searching new modern expression forms, passing the stereotype schemes that limit the access to the knowledge horizon.
* Conf. univ. dr. la Facultatea de Ştiinţe Juridice, Politice şi Administrative Bucureşti - Universitatea „Spiru Haret”, Avocat Baroul Bucureşti.