Limitarea libertăţii contractuale din domeniul proprietăţii intelectuale prin drepturile morale
The Limitation of the Freedom of Contract in the Field of Intellectual Property Due to Moral Rights

Summary/Abstract: The mere coexistence of simultaneous exercise of moral and non-patrimonial rights to the intellectual property protected by law, leads to the very close relationship between moral rights and patrimonial rights, within the scope of which the exercise of patrimonial rights may influence moral rights. By regulating the author’s moral rights to the intellectual property, it was certainly wished to emphasize the fact that the entire regulatory system in the field of intellectual property has not been set for “enrichment” of the civil circulation with new intangible assets or for clarification of the legal status of this category of intangible assets, but rather to protect the authors of intellectual property that are part of the civil circulation. Any unclear regulation must be interpreted in favor of the author of intellectual property, namely the holder of the recognized right, as they prevail over the interests of all other subjects of law that might be interested in the intellectual property. Any obligation assumed by the author or a contractor thereof, may be restricted, i.e. extended, by claiming that the author’s moral rights are violated or that they are not fully protected. In the case of legal relationships in the field of intellectual property, any kind of use of the work that pertains to the patrimonial side, has a close connection with the work’s authorship and, very often, with the work’s integrity compliance or withdrawal. Any agreement concluded between a person acquiring patrimonial rights to an intellectual property and any subject of law, cannot deny or diminish author’s moral rights, i.e. the holder of the protected moral right [1] and, to the extent there is any remote possibility in this regard, such a contractual clause is either invalid or interpreted to mean that its effects are not likely to restrict the moral rights recognized by law. In the field of intellectual property, considering the intertwining of moral rights with patrimonial rights, one can invoke the existence of non-pecuniary damage as a result of failure to comply with the provisions of a contract on acquired and transmitted patrimonial rights to an intellectual property.

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