By way of this study, the author attempts to draw attention to certain analyzes in the field of legal sciences presented at various events, which he considers to be confusing, inaccurate and lacking scientific value.
The study reveals the author’s opinion, which he is aware that it may be wrong – which is actually what he wants – about the mediocrity of certain legal studies, which lack the main feature of being marked by creative spirit.
Aware that any scientific work must be questioned, instead of being accepted as true, the author advocates studies based on logical arguments and research methods validated in the field of scientific research, on causal relations and rules coordinating the facts, on high standards of theories able to fulfil their role in the practice of correct interpretation and application of legal rules.
Nicoleta Rodica Dominte*
On the 23th of March 2016, Regulation (UE) 2015/2424 amending the Community trademark regulation will enter into force. The mention of colours and sounds, as signs that can be registered, will enrich the enumeration from article 4 from Regulation (UE) 2015/2424. The compa-rative analysis of article 4 from Regulation (CE) 207/2009 with article 4 from Regulation (UE) 2015/2424 reveals that main novelty is the deletion of the adverb „graphically” from the criterion of trademark repre-sentation.
(Re)conceptualising the criterion of trademark representation is an important subject within the context of smell, taste and tactile trademarks and the new text of article 4, letter b) from Regulation (UE) 2015/2424. In this article, we study if the deletion of the adverb „graphically” from the criterion of trademark representation will increase the number of smell, taste and tactile trademarks. As an effect of the new text of article 4, letter b), various inventions will be used to describe clearly and precisely a non-traditional distinctive sign. However, we can identify different obstacles that will impoverish the figures of smell and taste trademarks. Also, we intend to determine if graphic representation will continue to subsist within the framework of article 4 from Regulation (UE) 2015/2424.
The study reliefs in a comprehensive manner the general presentation of the collective management in Romania. For this, the study analyses a brief history of the collective management in Romania, starting from the first collective management organizations, after which undertakes the core of the collective management. Also, the study refers to the conditions for establishing a collective management organization, the functions of a collective management organization, theirs administrative structure and obligations towards members, the general public and the Romanian Copyright Office. In this way, the article highlights the procedures established by Law no. 8/1996 on copyright and related rights regarding the ways for setting the remunerations and the methodologies for the economic rights.
The activities of collecting and distribution of the remunerations, are also treated.
The final part of the article is dedicated to the characterization of the collective management organizations that are functioning, in the present, in Romania.
Essential facilities designate specific inputs which are essential for the production of other downstream goods.
Inputs are situated upstream and so are eligible for intellectual property protection. In order to foster competition in the downstream, holders of these inputs should be forced to give access to potential users, by offering them operating licenses. In other words, one must respect the exclusive right of intellectual property holder to freely exploit his invention or must he be sacrificed in favor of downstream competition ?
In the present analysis we intend to analyze some of either contro-verted or less known judicial aspects related to the theory of essential facilities.
The author examines the legal status of the parties to the author´s contract, defines the notions of the “author of the work” and the “copyright owner”, examines the validity of the contract through the legal capacity of the parties and their consent towards the conclusion expressed by the legal act. Also, the author states the object of the author´s contract in terms of legislation and specialized literature, as well analyzes the terms of civil legislation in respect of the object of the author´s contract, namely: it must exist, be determined or determinable, be possible, be legal and in civil circuit.