The role of ideas in the elaboration of PhD thesis and the legalregime of ideas, as regulated by Law no. 8/1996 on copyright and related rights and by Law no. 206/2004 on the good conduct in scientific research Cover Image
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Rolul ideilor la întocmirea tezelor de doctorat şi regimul juridic al ideilor, astfel cum acesta este reglementat în Legea nr. 8/1996 privind dreptul de autor şi drepturile conexe şi Legea nr. 206/2004 privind buna conduită în cercetarea ştiinţifică
The role of ideas in the elaboration of PhD thesis and the legalregime of ideas, as regulated by Law no. 8/1996 on copyright and related rights and by Law no. 206/2004 on the good conduct in scientific research

Author(s): Cristiana Budileanu
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: plagiarism; auto plagiarism; originality; paternity; doctoral student; ethics; novelty;

Summary/Abstract: In Romania, two normative acts contain apparently contrary provisions, namely Law no. 8/1996 which expressly excludes ideas from copyright protection, while Law no. 206/2004 mentions taking over the predecessors' ideas without indicating the source constitutes plagiarism. Thus, Law no. 8/1996 seems to be of general applicability, while Law no. 206/2004 seems applicable only in the academic environment. The purpose of this article is to try to establish whether the notion of „idea” provided in the two normative acts is identical or different with applicability on scientific works, respectively doctoral theses.

  • Issue Year: 2021
  • Issue No: 2
  • Page Range: 15-33
  • Page Count: 19
  • Language: Romanian