Examination of the offences set forth in art. 143 of the Law no. 8/1996 on copyrights and related rights Cover Image
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Analiza infracţiunilor prevăzute în art. 143 din Legea nr. 8/1996 privind dreptul de autor şi drepturile conexe
Examination of the offences set forth in art. 143 of the Law no. 8/1996 on copyrights and related rights

Author(s): Ciprian Raul Romitan
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyrights; related rights; technical protection actions; neutralization; trade purpose; without any right.

Summary/Abstract: The technical actions were consecrated in the Directive of the European Parliament and of the Council no. 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of the copyright and of the related rights in the information society. To this end, according to art.6, the Member States have to set forth an adequate judicial protection against the breach of any efficient technical actions that the respective person takes deliberately or having reasons to know that it follows this subject matter, as well as against the manufacture, the import, the distribution, the sale, the lease, the advertising for the purpose of sale or lease or possession for trade purposes of the devices, products or components or services supply. As a result of these provisions and according to Law no. 8/1996 on copyrights and the related rights, the author of a work, the performer, the producer of phonograms, the producer of audiovisual records, as well as the broadcasting body was acknowledged for the first time the right to take technical actions for protecting the rights resulted from the intellectual creation and as well, the right to take electronic technical actions of supplying information on the regime of their rights.

  • Issue Year: 2013
  • Issue No: 02
  • Page Range: 57-64
  • Page Count: 8
  • Language: Romanian