EXAMINING THE ORIGINALITY OF DISPUTED WORKS
EXAMINING THE ORIGINALITY OF DISPUTED WORKS
Author(s): Gheorghe GheorghiuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: C.H. Beck Publishing House - Romania
Keywords: criteria; constitutionality; originality; novelty; merit; style; destination; burden of proof; the role of judges
Summary/Abstract: The problem of originality when it comes to intellectual property works is of interest for jurisprudence as well as for the doctrine and it shall be analysed based on reliable criteria that establish the originality of a work challenged in a judicial proceeding.In this study, I shall present some problems and criteria related to the originality of intellectual property works, that are selected from the European, French and Romanian case law, along with the comments from case law.
Journal: Istorie, Cultura, Cetatenie in Uniunea Europeana
- Issue Year: 12/2019
- Issue No: 1
- Page Range: 313-327
- Page Count: 15
- Language: English