Protection of intellectual property 
in the context of securing the right to information Cover Image

Protection of intellectual property in the context of securing the right to information
Protection of intellectual property in the context of securing the right to information

Author(s): Alina Popescu
Subject(s): Civil Law
Published by: Editura Hamangiu S.R.L.
Keywords: Right to information; copyright; related rights; intellectual property;

Summary/Abstract: The adherence of Romania to the European Union has assumed, among other conditions, the harmonization of the national legislative framework with the European one, which would certify that our country has the ability to be part of the European project and fulfill its obligations as such. The removal of restrictions concerning the free movement of goods and services, paved the way for access to technological development, innovation and the free flow of information in any field. European Union member states are concerned to protect intellectual property while guaranteeing freedom of expression, unfettered circulation of information (in the broad sense of the acceptation, meaning works, ideas, know how, etc.) and protection of personal data. With regards to human rights, it is important that exerting a right does not affect the free exertion of the rights of others. Therefore, I believe that in matters of intellectual property and the right to information, it is important to achieve, both from a legislative and practical point of view, a harmonization of the two rights, with express and exhaustive guarantees and limitations so that the social values sheltered by the protection of the two rights are consistent and interdependent. At international and European level, there are still disparities in terms of the legislative approach of the issue of ensuring the two rights, which leads to difficulties in enforcement of the legislation, to the disparities in the functioning of internal markets, to an impact on real and honest competition as well as to an impossibility of achieving a common goal of sustainable development.

  • Issue Year: V/2017
  • Issue No: V
  • Page Range: 211-218
  • Page Count: 8
  • Language: English
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