Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions
Prolegomena to the Study of Heraldic Insignia: from the Medieval Coat of Arms (XIV-XVI Century) to the Heraldic Insignia of Institutions and Societies in Contemporary Law. Evolution, Legal Regime, Effects, Legal Protection, Prohibitions

Author(s): Claudiu Ramon D. Butculescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: coat of arms; heraldry; intellectual property; emblem;
Summary/Abstract: This paper addresses certain issues regarding the legal status of heraldic symbols used by institutions and companies, in the framework of contemporary law, viewed from a historical perspective. The analysis starts with the legal regime of the medieval crests and coat of arms, and continues with the analysis of the rights that legal entities can exercise over the heraldic insignia, especially contemporary institutions and companies. The rights stemming from the use of heraldic insignia by institutions and companies are analyzed also from a legal perspective, both in terms of the ownership of such symbols, and from the perspective of the rights of use, which companies or institutions may have concerning with respect to these heraldic signs. To the same purport, the analysis concerning the continuity of legal rights over heraldic insignia is briefly studied, starting from the historical sources of the heraldic elements to the current civil law and regulations. Also, the article presents proposals for a law on the protection of heraldic elements related to the protection of historical crests and symbols, as well as a comparative analysis of European and international legislation on this matter. At the end of the paper, short conclusions are presented, in which the author seeks to clarify the legal status of heraldic insignia that can be used by legal persons, as well as certain prohibitions and legal safeguards.

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