Summary for no. 3/2021

1. Doctrine, studies, comments
Gheorghe Gheorghiu
Considerations on the transposition of article 17 of the Directive 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights on the Digital Single Market

Veronica Constantinescu
From de facto to de jure works. Legislative borderlines

Viorel Roş
Employee inventions and their legal regime (connections, disagreements, regulatory gaps and suggestion for the correction of laws)

Alin Speriusi-Vlad
On the provisional measures in the field of intellectual property, from general to particular (I)

Ion Ţîganaş
The strengthening of the capacities of the institutions to guarantee the observance of the intellectual property rights in the Republic of Moldova

Cristiana Budileanu
Trademarks and geographical indications. A comparison. Possible conflicts and situations of coexistence

2. European caselaw
ECJ. C-392/19. Copyright and related rights in the information society. Directive 2001/29/EC. Concept of “communication to the public”. Embedding, a third party’s website, of a copyright-protected work by means of the process of framing (Selected and processed by Prof. Nicoleta Elena Hegheş, PhD)

ECJ. C-833/18. Intellectual and industrial property. Copyright and related rights. Utilitarian object. Concept of “work”. Copyright protection of works. Shape of a product which is necessary to obtain a technical result. Folding bicycle (Selected and processed by Alisa Valeria Toma, PhD)

TEU. T-488/20 – Guerlain/EUIPO. Application for registration of a EU trademark of the shape of an oblong, tapered and cylindrical lipstick. Absolute ground for refusal. Distinctive character (translation and summary by Lecturer Andreea Livădariu, PhD Student)

TEU. T-373/20 - Framery/EUIPO – Smartblock. Registered community design representing a transportable building. Proof of disclosure. Absence of the individual character. Absence of the different global impression. Nullity (translation and summary by Lecturer Andreea Livădariu, PhD Student)

TEU. T-328/17 RENV. Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v. EUIPO. EU trade mark. Opposition proceedings. Application for EU figurative mark BBQLOUMI. Earlier collective word mark HALLOUMI. Relative ground for refusal. Absence of the risk of confusion (Selected and processed by lawyer Ruxandra Vişoiu)

3. Collective management organizations
CREDIDAM – Romanian Center for the Management of the Performing Artists’ Rights

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