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Protecţia standardelor prin drept de autor
Protection of standards by copyright

Author(s): Viorel Ros, Paul George Buta
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyright; author’s right; protected subject matter; utilitarian works; information works; originality; industry standards; criteria for protection

Summary/Abstract: As the debate regarding the inclusion of utilitarian or information works în the protected subject matter of author’s right or copyright rages on the present article deals with a single special category of such works: industry standards. The authors argue for a policy-justification-grounded approach and for measuring the result of said approach against the requirements for author’s right protection as provided by the applicable Romanian Law. Given that such standards represent, in themselves and în the authors’ opinion, the upper limit of information works, such analysis would prove much valuable în the context of the overall debate since it could provide useful insight into criteria needed for better and further delineation. The authors further emphasize the need to assess the inclusion of such standards în protected subject matter by more than just one requirement for protection such as originality, such factor being more suited to be used only în such cases where protection is needed from a policy point of view, meaning only where such works would not come into existence, the scope of protection by author’s right being the sole and only motivation for the creation of such works.

  • Issue Year: 2010
  • Issue No: 01
  • Page Range: 9-23
  • Page Count: 15
  • Language: Romanian