Some considerations regarding the amendments to the offense provided by Article 1398 of Law No. 8/1996 by Law No. 187/2012  Cover Image
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Unele considerații privind modificările aduse asupra infracțiunii prevăzute de art. 1398 din Legea nr. 8/1996 prin Legea nr. 187/2012
Some considerations regarding the amendments to the offense provided by Article 1398 of Law No. 8/1996 by Law No. 187/2012

Author(s): Bujorel Florea
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: make available; products bearing related rights, products bearing sui generis rights; database manufacturers

Summary/Abstract: This study follows up on the efforts initiated by the author for investigating the legislative amendments and supplements of offenses regulated by Law No. 8/1996, made by Law No. 187/2012 for the implementation of the new Criminal Code. The article analyzes the amendments to the offense of making available to the public the works or products bearing related rights and sui generis rights of database manufacturers, which is provided for under Article 1398 of Law No. 8/1996. The author presents personal and doctrinal views in the area considered, dwelling on the rationale and the way to regulate the incrimination examined and proposing schemes for interpreting and enforcing the relevant statutory provisions.

  • Issue Year: 2015
  • Issue No: 1 (42)
  • Page Range: 46-50
  • Page Count: 5
  • Language: Romanian