Spouse’s revenue obtained from the exploitation of an intellectual creation Cover Image
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Veniturile soţului primite din exploatarea unei creaţii intelectuale
Spouse’s revenue obtained from the exploitation of an intellectual creation

Author(s): Ciprian Raul Romiţan
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: patrimonial right; intellectual creation; distinctive sign; spouse; common goods; own goods; incomes;

Summary/Abstract: Patrimonial copyright is the recognized right of the author to obtain material benefits from the exploitation of his/her work. The spouse's patrimonial intellectual property rights over his/her creations and over the distinctive signs he/she has registered are part of the spouses' own goods category. As we will find from our study, the legal text takes into account both the patrimonial rights of the authors and the patrimonial related rights, regulated by Law no. 8/1996 on copyright and related rights, as well as the patrimonial rights over the creations in the technical field and the patrimonial rights over the distinctive signs, the latter two categories of exclusive patrimonial rights, being stipulated, in special normative acts, adopted for each and every object of creation. Also, we will find that, although these patrimonial rights are own goods, because the created works and the distinctive signs involve own intellectual efforts made by the creative spouse creator thereof, the income received from the exploitation of the work are common goods, and follow the salary like regime.

  • Issue Year: 2020
  • Issue No: 4
  • Page Range: 79-95
  • Page Count: 17
  • Language: Romanian