Ciprian Raul Romițan*
The first law in the field of the legal protection of topographies of semiconductor products in Romania was adopted in 1995. In the twenty years that have passed since the adoption and entry into force of Law No 16/1995 on the protection of topographies of integrated circuits, it was supplemented, amended and republished several times. For this reason, and not only, it has become imperative to provide a new analysis on the legal and judicial protection of topographies of semiconductor products. In this study, the author provides an in-depth analysis of the special law in the field, and also presents a series of statistical data regarding the evolution of the sales of semiconductor products worldwide from 1988 to 2014.
Alexadru Cristian Strenc
Recently in Romania was adopted a new regulation of service inventions by Law no. 83/2014, published in the Official Gazette no. 471/2014 and entered into force on 29 June 2014. This regulation has replaced the provisions on service inventions, which were repealed, contained in art. 5 of Law no. 64/1991 on patents.
In this study we intend to analyze the new regulation of service inventions in order to highlight the orientation and the conception of the Romanian legislator in this area, for which purpose we will define the service invention, the application area, the basic rules, the rights and the obligations established by law, the comparison with the previous regulation and finally we will present some critical issues and de lege ferenda proposals.
To begin with, we specify that without the legislator intention to empower the government to approve a regulation implementing the Law no.83 / 2014, the Ministry of Education and Research, through the Executive Agency for financing the higher education, research, development and innovation, brought together a group of industrial property specialists who produced a Good Practice Guide for the enforcement on service inventions1, intended to provide a common view of the employers and employees on the interpretation and application of this law.
Alisa Valeria Toma*
It is required the prior consent of holders of the copyright or the related rights for digitizing and making available to the public the works or other protected objects. As being a real major action in all Member States, it could not have been accomplished in those cases where not having been identified any holder of copyright or, even identified, could not be located, this is why it is considered necessary the adoption of Directive 2012/ 28 /EU of the European Parliament and of Council of October 25, 2012 on certain uses of allowed orphan works. This Directive was implemented in the Romanian law by ammending Law no. 8/1996 on copyright and related rights by Law no. 210 of July 21, 2015, regulations which are just analyzed in this article.
Ana-Maria Marinescu *
The assignment and licensing are two main intellectual property institutions, because their purpose is the contractual transfer of the economic rights, being applicable both to copyright (written works, musical works, computer programs etc.) and related rights (phonograms and videograms) and also to industrial property (trademarks, patents etc.).
Having in mind the complexity of the subject, this is the first article from a complex series and it aims to underline the general theory of the contracts for transferring copyright patrimonial rights.
The article analyzes the general rules applied to the transfer contract same as in the common law namely: the capacity of the parties, the consent, the object and the cause. Also, the article analyses the special conditions provided by the Law no. 8/1996 on copyright and related rights: the economic rights transferred, the forms of exploitation, the duration and scope of the transfer as well as the remuneration payable to the copyright owner.
Nicoleta Rodica Dominte*
"Registered personality" and "registered images" are notions stipulated in Image Rights (Bailiwick of Guernsey) Ordinance, 2012. Though, image rights are an object of Intellectual Property Law, which have been registered at the Intellectual Property Office from Guernsey since December 2012. The owner of an image right is a personnage, which can be a natural person, a legal person, a joint personality, a group, a fictional character.
The idea of a registered personality is not a new concept that was framed on the background of publicity rights in USA and the conflict with copyright law in Europe. However, it was legislated, as an object of Intellectual Property Law for the first time