We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
As the Obama administration rebuilds relations in Central Asia, a new survey warns that the region’s continuing descent into authoritarianism shouldn’t be forgotten.
More...
Leonid Yuzefovich’s latest joins the very short list of major novels on Russia’s Roaring ’90s
More...
With so many indicators pointed downward, and so many promises broken, Bulgaria’s youth greet this weekend’s elections with a yawn or a snicker.
More...
In the Bulgarian capital, election campaigning goes down nice and easy on a hot summer day.
More...
TOL slide show: A documentary project aims to shine a light on a successful preschool in Central Europe's biggest Romani ghetto. Click here to see our audio slide show about the Lunik IX elementary school.
More...
The present contribution tries to demonstrate that the new provisions of the Students rights and obligations code, recently published in the Official Gazette should be mandatory put in practice and obey the rules provided by the copyright law. In the article are analysed the copyright rights established by the new Student code through the previsions of the code itself, the New Civil Code, Labor Code and last but not least the Copyright law 8/1996. The conclusion is that we need as urgent as possible the Romanian Intelectual Property Code.
More...
The article underlines the importance of the protection of intellectual property rights which encourage the development of the culture and the economy. Also the author try to explain the notion of private copy and the cases in which the violation of author ,s rights there are considering offences. In many cases there is difficult to prove who is the person which comitted the offences against of author ,s rights, because the offences are comitted by the internet and the probation involve a lot of financial costs. The question is, if we have points of law or problems with the aplication of law.
More...
In the article the breach of the rights of third parties by registration of an Internet domain name is analyzed, through the perspective of an a priori possible protection as well as through the perspective of an a posteriori protection. In the latter case, the possibility to go to the courts of law, which used in solving such cases either the means conferred by the intellectual property law, or the means conferred by the common ground law, as well as the possibility to use the alternative means to solve the disputes is analyzed. The possibility to use the alternative dispute resolution is also analyzed, with a special view on the procedure provided by the Uniform Domain Name Dispute Resolution Policy (UDRP) which was applied with regard to the litigation on .ro domain names also. In the context of analyzing the UDRP procedure the legal ground of the procedure, the field of application, the possible sanctions, the costs, the steps of the UDRP procedure are analyzed. Also the alternative dispute resolution regarding the .eu domain name is briefly analyzed.
More...
The economic and financial crime causes huge prejudices to the national economies, to the European Union budget and at the global level. The long-term consequences of this type of crime, are extremely visible at present, considering the effects of the global crisis that each of us experiences, but the responsibility factors are not aware yet of the serious danger to which they expose any states or nations, despite of the experts’ warnings in the economic and financial field, who are responsible for using all the available resources in order to bring to the attention, to know and counteract the effects arising from this type of crime. In this article, we propose to the experts in the field of the intellectual property rights, to examine the unspecific methods of committing the offences in the field of private copy. The illegal actions of the type of tax fraud, fair trade, forgery, use of forgery and all kinds of deceit actions are only a part of the criminal components being an integral part of the large range of the economic and financial crime within the territory of our country. Likewise, we try a theoretical exposure of the concepts with which the economic and financial crime operates in general and the consequences which it has over the intellectual property rights, summarizing at the same time the new maximum profit orientation trends of criminal organizations – criminal undertaking and the concrete way in which the vertical and horizontal crime may affect the financial interest of the rights’ owners seriously. Thus, we try to give a warning about the fact that the activity of the economic and financial crime groups has become a challenge for the national authorities, and the involvement of organized crime and the complexity of criminal networks at the national level result in the necessity to provide a more comprehensive interpretation of the criminal phenomenon present in our country.
More...
The scientific research theme aims to deepen a topical issue, i.e. to examine the legal requirements of performers’ rights from Romania, by collective management, to do a critical analysis of the regulation in our country and to contribute thereby to the correction of the law, to its harmonization with the EU countries. Intellectual creation has some amazing features: it is invisible, it can be passed across borders, it can be multiplied to infinity and its value increases steadily over time. Any country that cares about its traditions and seeks to make progress in the field of culture, of science and education, must recognize, encourage and protect intellectual creation. The copyright neighboring rights or "les droits voisins" as they were called in doctrine and jurisprudence, have been regulated for the first time in the Romanian law by the Law no.8 /1996 on copyright and neighboring rights. The neighboring rights are intellectual property rights, other than the copyright, granted to performers for their own performances or executions, to sound recordings producers and audiovisual recordings producers for their own recordings, and to broadcasting organizations (radio and television) for their own transmissions and program services. Performers’ rights can be managed mandatory or optionally by the collective management societies. The collective management of copyright and neighboring rights is a necessary step for implementation of certain rights in comparison with various ways of exploitation. Since the beginning, some of performers’ economic rights proved difficult to assess individually. The technical progress and widespread mass exploitation have made individual control virtually impossible. Collective management primarily involves the collection of remuneration payable by users/importers and its distribution to those entitled to it, proportional to the actual use of each repertory, within 6 months from collection date.
More...
This study is intended to expose the evidence and the means of evidence in the civil and criminal causes having as subject matter the trademark counterfeiting in Romania. Thus, an examination of the evidence shall be carried out (notion, object, importance, burden of evidence), the means of evidence used in these cases, the method of their consideration by the courts, novelty aspects regarding the evidence produced in the criminal cases of trademark counterfeiting in Romania.
More...
The article approaches, from the criminal proceedings and crime’s perspective, the arrangement of the technical and scientific findings and of the examinations in case of the investigation of offences set forth in art. 1396 of Law no. 8/1996 on the copyright and related rights. The main examined aspects are represented by certain prior specifications regarding the technical and scientific findings and the examinations, the procedure of performing the technical and scientific finding and of the examination, their probative value, as well as by certain theoretical and practical aspects regarding the arrangement of the examinations in case of investigating the offences set forth in art. 1396 of Law no. 8/1996.
More...
Due to the differentiation between the laws of member states in the field of designs and patterns, European Parliament and Council Directive no. 98/71/CE from October 13, 1998 on legal protection of designs and patters, has implemented a protection system of designs and patters adapted to domestic market needs. Based on the Directive no. 98/71/CE, Council Regulation (EU) no. 6/2002 from December 12, 2001 on community designs and patters has been issued, which is compulsory in all its elements and which applies directly in all member states. Thus, a special legal protection has been provided meant to encourage individual creators, to bring forward innovation, the development of new products and the investments in their fabrication. To implement the provisions of the Regulation (EU) no. 6/2002, Commission Regulation (EU) no. 2245/2002 from October 21, 2002 has been adopted. All these regulations are intended to provide protection of designs and patterns, and for this purpose two forms of protection are deemed as necessary, namely a long-term one, corresponding to the design or patters not registered, and a short-term one, corresponding to the design and patters registered. In this paper we shall present in detail these forms of protection, as well as the substantive and formal conditions necessary to be fulfilled for the registration of designs and patterns. The presentation shall be founded on legal regulations mentioned above that are enforceable and binding also on the Romanian territory, a legal protection of designs and patterns been thus provided not only inland but also intra-community. The purpose of the paper is to highlight also the necessity of designs and patterns protection, a sine-qua-non condition for the development of new products and investments.
More...
Over the last years, the technological progress [the appearance of copy machines and photocopiers (printer, photocopier, scanner, multifunctional machine etc.)] has allowed a secondary large scale use of scientific works, in all fields, made by reprography method (photocopying). Consequently, according to the exposure of Viorel Roş, Professor, „in the circumstances of the proliferation and improvement of the reproduction techniques, the control of the use of works is, if not impossible, rather difficult to be performed”. Keeping the same thinking, one stated that „the practice of reprography has a negative influence on the dissemination of books and periodicals, especially of the scientific ones, which cannot be indifferent to the society, of course”. The reproduction activities, as well as those related to the sale of scientific works, without the consent of the author or of the rights owner, represent illegal actions, known also as piracy and affects, according to the specifications contained in the documents of the World Organization of Intellectual Property, all the parties involved in the creation and improvement of these categories of works, such as: the authors, the rights’ owners, the publishers, the distributors, the consumers and last, but not least, the state, as the gains obtained by pirates are not subject to taxation.
More...
The supplementary protection certificate is considered at present as representing an accessory of a national or European patent granted for the purpose of extending the duration of the rights that the latter confers to its holder for an active substance or a combination of active substances. According to the above - mentioned patent and respectively, of the certificate, the holder has the exclusive right to manufacture and to sell the patented product, as well as the right to oppose to any counterfeiting of the protected product. The regulation related to the award of this protection title for medicinal products, within the European Union territory, represents the subject matter of the Regulation (EC) no. 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (codified version). The conditions for obtaining the respective certificate are set forth in art. 3. The study is intended for the presentation of the decisions rendered by the Romanian courts in the disputes related to the controversial interpretation of art. 3 letter d) of the Regulation, setting forth that the valid marketing authorization of the medicinal product, in compliance with the Directive 2001/83/EC or the Directive 2001/82/EC, as the case may be, should be the first marketing authorization of the product in its capacity as medicinal product. Likewise, the study describes the differences of the approach and of the settlement of the cases by the State Office for Inventions and Trademarks (OSIM) and by the national courts. The objective of this study is represented by the examination of these decisions as compared the European practice for the purpose of finding certain solutions of uniform interpretation of the Community legislation at the level of the Romanian courts.
More...
The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author’s sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author’s rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009.
More...
The possibility of unauthorized copying due to the present technological development has become nowadays, part from being seen as an ordinary act, a real testing of the specific legislation. Yet, a too drastical limitation of this action can have as an effect a decrease in people’s degree of being informed and culturally aware, and this consequence is not to the advantage of society. Education is based on the wider access to intellectual resources and it can indirectly generate an increase of the purchasing power and, implicitly, an enlargement of the copyright market zone. The measures to be taken can have such specific features that any global reglementation might be almost improbable. Subsidizing of books publishing (and not only) constitutes a leading factor towards the achieving of a desired cultural accessibility, but also towards the abandoning of the pirate-copy done by people with very limited material resources.
More...