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Reflecţii privind articulaţia drepturilor intelectuale
Reflections on the articulation of the intellectual rights

Author(s): Adrian Circa
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: intellectual property; copyright; design rights; trademarks.

Summary/Abstract: The nature of intellectual property and the specific intellectual property regimes produce an original effect in private law, namely the possibility to gather several titles simultaneously on the same good. This originality illustrates, on one hand, the independence of the good from the regime of property, and, on the other hand the unity of good from the heterogeneity of the rights. The field of protection of intellectual property rights is subject to a horizontal extension, accompanied with a vertical extent, in the sense which safety tends to be secured by two levels of protection. The significant extension of the domain attracts with itself the problem of articulation of these intellectual property rights. Such cases must be distinguished from the situation of the conflict of the subjective rights. These double levels of protection raise the question of articulation of regime of property, which shall allow enabling the use of intellectual property in compliance with other rights.

  • Issue Year: 2012
  • Issue No: 02
  • Page Range: 68-87
  • Page Count: 20
  • Language: Romanian