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Epuizarea dreptului de divulgare al creaţiei intelectuale
Exhausting the Right to Disclose the Intellectual Creation

Author(s): Alin Speriusi-Vlad
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: moral rights; right to disclosure; rise of property rights; exhaustion; lack of agreement on the author; intellectual property authorship; intellectual property withdrawal

Summary/Abstract: The right to disclosure of intellectual property is the decision of the author to put his/her work in contact with the public. The rise of property right has nothing to do with disclosure of work, but rather with the property’s ability to be part of the civil circulation. Patrimonial (economic) rights to intellectual property rise similarly to patrimonial rights to tangible assets, namely by “forging” of property/asset. From the moment a commodity is created, i.e. following a processing technological process of several raw materials, there is a patrimonial right to it, an ownership right of product manufacturer, whether the property was put on sale or stored to be subsequently released for sale in the future. The same reasoning fully applies to the intellectual property, as long as it meets the legal requirements to be protected by law. Disclosure of intellectual property, regardless of how it was made, with or without the author’s agreement, leads to placing of work in contact with the public, the protected work thus communicated to the public leading to exhaustion of the right to disclosure. After exhaustion, the right to disclosure can no longer be breached, so that following disclosure of the intellectual property, any possible use of it without author’s agreement violates only the patrimonial rights of the author and, possibly, other moral rights, such as the right to authorship of work and the right to withdraw the work, according to the concrete circumstances of the case. Conditioning of exhaustion of the right to disclosure from the existence of voluntary disclosure – whether there is the intent of disclosure on the part of the author or an ambiguous agreement – is wrong and inevitably leads to obstruction of civil circulation.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 96-110
  • Page Count: 15
  • Language: Romanian