Incidenţa unor reglementări ale noului cod civil asupra drepturilor copilului izvorâte din realizarea unei creaţii intelectuale
The incidence of certain regulations under the New Civil Code on children’s rights arising from the implementation of intellectual creations

Summary/Abstract: Works of intellectual creation, whether they belong to the category of those protected by copyright law (literary, artistic or scientific works), whether they belong to the industrial applicability creations (inventions, innovations, utility models, designs and patterns, topographies of semiconductor products, etc.), are, without exception, the product of the human intellectual activity. In other words, they are exclusively created by the individual or the individuals. It is a consequence of the fact that only the human being enjoys the intellectual and volitional capacity, the ability to consciously direct its activity and inactivity in relation to interests animating him. On the other hand, only the human individual possesses intelligence, rationality, talent, vocation, artistic skills required in the act of creation. By way of consequence, only the human being, including the minor child, the person under judicial disability or the lunatic may hold authorship of an intellectual creation and, therefore, they may acquire rights and obligations arising from the act of creation. Secondly, it should be noted that the laws protecting intellectual creations, both in the sphere of copyright and in the industrial property one make no distinction as to individuals human creators of intellectual works in terms of their legal capacity. In other words, the authorship of such creations can acquire even the minor child, although he/she does not have full or restricted legal capacity.

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