Evoluţii legislative şi jurisprudenţiale privind limitele şi excepţiile dreptului la marcă şi ale dreptului de autor
Legal and case-law developments on the limits and exceptions of the trade mark right and copyright

Summary/Abstract: Intellectual property rights, in particular copyright and trademark law, have witnessed a continuous expansion and strengthening of their exclusive nature, which configures a legal regime that is characteristic of proprietary rights to immaterial goods. That raises the necessity to configure the scope of these rights, in order to allow a proper balancing of other legitimate interests and fundamental human rights with the exercise of trademark rights and author’s rights. The study analyses the limitations and exceptions of trademark rights and author’s rights in the light of the evolution of European Union law, i.e. the legislation already transposed into national copyright and related rights legislation, as interpreted by the Court of Justice of the European Union and the reform of trademark law by Directive (EU) 2015/2436 and Regulation (codified version) (EU) 2017/1001.

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