On Originality, Novelty and Priority and on Plagiarism  Cover Image
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Despre orginalitate, noutate, prioritate și despre plagiat
On Originality, Novelty and Priority and on Plagiarism

Author(s): Alin Speriusi-Vlad
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyright; counterfeit; intellectual creativity; indus¬trial property; intellectual property protection; protection conditions; legal entitlements; originality; novelty; piracy; plagiarism; priority

Summary/Abstract: Considering that Intellectual Property is characterized by various incoherent legal mechanisms, it is imperative to identify common features and elements to make it more accessible both for its interpretation and for its implementation. The paper aims to demonstrate that intellectual property legal protection is more homogeneous than it seems at first glance. In this first part of the paper after an exhaustive study on the originality in the field of copyright, the preliminary conclusion is that after the Feist case law in the United States and the Football DataCo case law in the United Kingdom, the copyright system approaches the continental system, abandoning the theories based on skill and labor. In the second and final part of the paper, after a study on the novelty and priority in the industrial property field, are exposed several arguments for concluding that novelty represents one of the general condition for the legal protection of the intellectual works regardless they are part of copyright or industrial property. Originality includes novelty for copyright works and intellectual creativity, another general condition. Novelty as a general condition represents the basis for any originality proof, including a presumption of originality that can be recognize only after a novelty check.

  • Issue Year: 2014
  • Issue No: 3
  • Page Range: 17-86
  • Page Count: 70
  • Language: Romanian