Consideraţii privind procedura desfăşurată în faţa tribunalul arbitral al oficiului român pentru drepturile de autor
Considerations relating to the proceedings before the court of arbitration of the romanian office for copyright

Summary/Abstract: The effective and efficient mandatory collective management of author’s and related rights imposes a good cooperation between the collective management societies, on one hand, and between the collective management societies and the users of the repertoire, on the other hand. In case of failure of negociations between the collective management societies and the users for the conclusion of the methodology for the collection and repartition of patrimonial rights to right owners, the Law No. 8/1996 establishes an arbitration procedure, in front of the tribunal of the Romanian Copyright Office, an administrative body, part of the Romanian Government. The article analysis the main legal issues raised in relation to the arbitration procedure established by the Law No. 8/1996, which reveal major differences to the arbitration procedure regulated by the Romanian Code of Civil Procedure. The question if the procedural exception of constitutional control of Law No. 8/1996 provisions may or may not raised by a party in front of the arbitration tribunal of the Romanian Copyright Office is answered having in view the relevant stipulations of the New Civil Code.

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