Efectul brevetului şi efectul produs de certificatul suplimentar de protecţie – drepturi şi obligaţii ale titularului
The Effect of the Patent and the Effect of the Additional Protection Certificate – Rights and Obligations of the Holder

Summary/Abstract: This paper provides an analysis of the patrimonial and the personal non-patrimonial rights arising from the patent. The exclusive right of exploitation of the invention, as the main patrimonial right, is presented in the light of its content, features and particularities, as regulated by the Romanian patent law and other European countries’ laws or by international treaties to which Romania is a party. The analysis concerns the ways of prohibiting the direct use, the exhaustion of the exclusive right of exploitation and the limitation of the patent effect. The patent owner’s obligations are also briefly mentioned. Further on, the personal non-patrimonial rights of the inventor, either or not a patent owner, are analyzed in comparison with the copyright. A distinct section of the paper concerns the analysis of the supplementary protection certificate effects and the connection thereof with the patent effects. Personal opinions on de lege ferenda amendment of the Patent Law 64/1991 are expressed in the paper with reference to the regulation of patent effects.

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