Author’s rights are protected by copyright law without recurring to any form of registration or formality, so that the work of an author is protected since the moment of creation. The purpose of this article is to analyse the cases in which a person register a sign as trade mark which is the property of another person and is protected by the copyright laws. In this analysis the focus is made on the practical issue, of how the author of the protected sign can take action so as to get trademark invalidation. Expressly provided by article 47 of the trademark Romanian Law no. 84/1998, trademark invalidation in the case of infringement of previous copyrights is left to the appreciation of the owner.
The owner of a trademark that has a reputation in Romania or in European Union may request to court to forbid the infringer from using, without his consent, a sign identical or similar to its trademark, but for products or services different from those which are sold or provided under the trademark. The notorious (well-known) trademark, according to Law no. 84/1998, is the trademark which do not have to be necessarily registered to be under the Trademark law protection. The Romanian doctrine sustain that does exist famous trademarks, too.
In this paper we will try to find (if it does really exist) the difference between notorious (well-known), reputed and famous trademarks, the criteria by which this trademarks shall be distinguished and the means of evidence with wich may be argued the notoriety, reputation or fame of a trademark. We will also present the juridical regime and our analysis will be based on the Trademark law, doctrine and case-law studies.
Studiul a fost susținut în cadrul Conferinței Challenges of Knowledge Society (22.05.2015), organizată de Universitatea „Nicolae Titulescu” din București și publicat în limba engleză în volumul de articole al Conferinței.
Alisa Valeria Toma*
Romanian special law in the field of copyright, Law No. 8/1996 on copyright and related rights by article 141 par. (1), provides as an offense the act of a person who acquires, in whole or in part, just by having no right, the work of another author and submit that own intellectual creation.
In common language – not legal one, the unlawful assumption of authorship is called "plagiarism" and is primarily being used to denote copyright and related rights infringement.
From the outset it should be noted that Romanian legislator does not speak about plagiarism directly and that no offense among those ruled by Law No. 8/ 1996 on copyright and related rights is entitled "plagiarism".
The concept of plagiarism has been taken by the Romanian legislator in scientific research only. In everyday speech, plagiarist is being regarded as a thief and the word "plagiarism" is often used to mean "literary theft".
Plagiarism means the use of ideas, concepts, words or structures, scientific methods - of another author, in a written work or an oral communication, even online, without appropriately acknowledging the source, representing them as one”s own original work.
Considering the alert evolution of the technical industry and especially of the software industry, the importance of the existence of free software is crucial, thus giving the new software developers the opportunity to start developing the new and advanced software starting from that already created by their colleagues.
The aim of this paper is to present the methods of creating free software, with special emphasize on the copyleft licenses which grant the beneficiary of the license the four essential freedoms: the freedom to run, copy, distribute, study, change or improve the software.
The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyse the historical evolution of the European Directives in the field of copyright and related rights and their most important dispositions. Given the wide range of subject matter with which it is concerned, the European Directives in the field of copyright and related rights address to enforcement, protection of databases, protection of computer programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and related rights in the information society, orphan works and management of copyright and related rights. Taking into account the wild range of subjects that European Directives in the field of copyright and related rights address, it is important to observe the permanent interest of the European legislator on the harmonization of the law on copyright and related rights. In this way, the result was the adoption of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and 2014. Despite the extensive process of harmonization, copyright law in the Member States of the European Union is still largely linked to geographical boundaries of sovereign states.