Considerations on the duration of the transmission and termination of rights arising out of utility models

Considerații privind durata, transmiterea si stingerea drepturilor născute din modelele de utilitate

Author(s): George-Mihai Florea,Bujorel Florea / Language(s): English / Issue: 02/2010

Keywords: utility model; protection renewal; judicial; or compulsory license; dependent compulsory license; lapsing; renewal; and effectiveness preservation taxes; protection renunciation

The authors bring forward specific matters concerning the time limit, transfer, and extinction of the utility models inherent rights, creations of an industrial applicability, only recently regulated by the Romanian law, through Law no. 350/2007. The article is focused on the juridical elements particular to the utility models compulsory license, analyzing the law provisions in force with regard to the judicial license cases, and also suggesting some law modifications capable to cut out the legislator’s errors, and harmonize the law text with the legislative technical rigors.

Folklore "property" - aspects of comparative law

„Proprietatea” folclorului – aspecte de drept comparat

Author(s): Vlad Vieriu,Nicoleta Rodica Dominte / Language(s): Romanian / Issue: 02/2010

Keywords: folklore; expression of folklore; copyright; sui generis protection; cultural heritage.

Folklore is an important element of traditional artistic heritage of a nation. Protection of folklore is a controversial subject, because national legislations have different dispositions. Developing countries have provided for copyright protection, while developed countries consider that folklore is in public domaine, such as France. International protection is given under WIPO’s Model provisions for National Laws on the Protection of Expressions of Folklore against Illicit Exploitation and other Prejudicial Actions adopted in 1982. The international provisions forsaw a sui generis protection throuhg the adoption of a specific legislation for folklore at national level. Romanian legislation protects expressions of folklore by the dispozition of Law no. 26/2008 regarding the protection of immaterial culural heritage. However, Law no. 26/2008 do not provide protection against ilicit exploatation of folkloric music. In the paper, we analzye if it could be provided a copyright protection for expression of folklore in Romania. As a conclusion, we propose the elaboration and adoption of a model law for protection of folklore in Romania.

The listening of the defendant if the crime stipulated in art. Article 140. 1 letter. a) Law no. 8 / 1996 on copyright

Ascultarea învinuitului sau inculpatului în cazul infracțiunii prevăzute în art. 140 alin. 1 lit. a) din Legea nr. 8/1996 privind dreptul de autor

Author(s): Nicolae Grofu / Language(s): Romanian / Issue: 02/2010

Keywords: listening; statement; accused; defendant; checking the statement

This study approaches the activity of listening to the accused or the defendant in case of the offence provided under art. 140, paragraph 1, letter a) of the Law regarding copyright and related right, from the criminal procedural and forensic perspective. The main issues dealt with consist of: presenting the preparatory activities for listening to the accused or the defendant; the prediction regarding the personality of the author of the offence; the actual listening of the accused or the defendant; tactical listening procedures; recording the results of listening to the accused or the defendant and checking the accused or the defendant’s statement.

Using keywords as registered trademarks of Internet search engines

Utilizarea cuvintelor-cheie înregistrate ca mărci în motoarele de căutare pe Internet

Author(s): Paul George Buta / Language(s): English / Issue: 02/2010

Keywords: trademarks; keywords; use in commerce; trademark use; initial interest confusion; advertising; Internet trademark use

In dealing with the continuously developing technology both legislator and court have to face tougher challenges and shoe-horning efforts. The business model developed by Google – and indeed the life-support system for this ‘model’ of a business – is a very good example of this. Trapped between the rigidity of the statute and the complexity of the factual issues both commentators and courts find it difficult to explain how Google actually makes its money. Add the fact that at the core of its ‘money-machine’ is a service selling words identical or similar to trademarks to their respective owner’s competitors and one can see how the diversity of judgments and opinions on the matter can only grow. The present article tries to highlight some of the issues of fact that are frequently reviewed in the cases brought against Google and a few of the judicial decisions made in such cases in the United States.

Copyright in Poland

Drepturile de autor în Polonia

Author(s): Aneta Żubrowska / Language(s): English / Issue: 02/2010

Keywords: copyright; piracy; Poland; legislation; international treaties; WIPO; EC harmonization

The article puts the development of copyright law in Poland in a historical framework, following the creation of the current Polish copyright regime from its critical reevaluation after the 1989 political changes in light of Poland’s goals for EU integration and its desire to better mirror international protection regimes as provided by its WIPO membership and its membership to the WTO. Furthermore the article always keeps an eye out for the perils of piracy, rampant in early 90s Poland, which prompted the development of the new, modern, copyright protection law. The article also deals with the implementation of the various EC copyright-related Directives and their impact on the Polish copyright law.

COPYRIGHT AND TECHNOLOGICAL PROGRESS

Dreptul de autor si progresul tehnologic

Author(s): Edmond Gabriel Olteanu / Language(s): Romanian / Issue: 02/2010

Keywords: copyright; protection; technical means

Modern communication and storage techniques have seriously affected moral and patrimonial rights falling under the copyright. Trying to keep up with the technological progress, the copyright requires some legislative adjustments. The emerging proposals have clashed with fundamental freedoms such as the freedom of expression and information. Any restriction of the exercise of such a freedom must be proportionate with the aim pursued fie, a principle fully applicable in this field as well.

Specifics of service for inventors employees

Specificul raporturilor de serviciu în cazul salariaților inventatori

Author(s): Gheorghe Gheorghiu,Cosmin Cernat / Language(s): Romanian / Issue: 02/2010

Keywords: employee; inventor; service invention; mission invention; control invention; juridical report of work.

During the display of the juridical reports of work, the subjects of this report, the employee and the employer, have specific rights and obligations, settled in the individual contract of work concluded by these. When the employer has to carry on an intellectual and inventive working activity, the parties have to establish, based on the contract clauses, who will be the beneficiary of the copyright. Within the Romanian legislation it is recognised the possibility of both parties to establish, based on the contract of work, the authorship of the service invention, and in case of a shortcoming of such a special clause, this quality is recognised to the employer`s advantage.

Considerations on posthumous works

Considerații privind operele postume

Author(s): Iulia Ioana Tâmplaru,Stefan Alexandru Ursulean / Language(s): Romanian / Issue: 02/2010

Keywords: right to disclosure; extinguishment of the right to disclosure; transfer of the right to disclosure by inheritance; sui generis representatives of the author

The review the authors make in this article, having as subject matter posthumous works, is intended to answer the following questions: Is the disclosure of works by another person possible subsequent to the death of the author? Who can make this disclosure and what are the conditions under which a disclosure can be made? The answer to these questions, which we can find in the current legislation, constitutes the legal framework of posthumous works.

Analysis of the crime provided for in art. Article 140. 1 letter. a) Law no. 8 / 1996 on copyright and related rights

Analiza infracțiunii prevăzută în art. 140 alin. 1 lit. a) din Legea nr. 8/1996 privind dreptul de autor si drepturile conexe

Author(s): Constantin Duvac / Language(s): Romanian / Issue: 02/2010

Keywords: offence; unauthorized reproduction; consent; work; products bearing related rights

The author makes a detailed analysis of the offence of reproducing works or products bearing related rights, without any right, provided under art. 140, paragraph 1, letter a) of the Law regarding copyright and related rights. On this occasion, the author examines the object of criminal protection, the subject of the offence, the objective and the subjective side, the forms, means, penalties and some procedural issues related to the action provided under art. 140, paragraph 1, letter a). The author does not hesitate to express his point of view regarding the existent controversial matters related to the constitutive content of this criminal action and recommend his own solutions and ideas.

Cable retransmission right - the right of collective management of cable retransmission

Dreptul de retransmitere prin cablu – gestiunea colectivă a dreptului de retransmitere prin cablu

Author(s): Ana-Maria Marinescu / Language(s): Romanian / Issue: 02/2010

Keywords: collective management; patrimonial rights; retransmission by cable; satellite public communication

The article presents cable retransmission right evolution starting with the provisions of the Berne Convention and ending with the Cable – Satellite Directive. At the same time, the article emphases the collective management systems set up at the international level for the cable retransmission right exercise. The second part of the article is dedicated to the Romanian situation regarding the cable retransmission right, having as topics the legal evolution of the right, determinate by the amendments of the Law on copyright and related rights, and also the collective management exercise of the right and the remunerations that have to be paid by the cable operator to the right owners in order to use the protected materials. In the same time, the article offers a detailed situation of the remunerations establish in Europe for the cable retransmission right and also the evolution of the amounts collected in Romania by the collective management organizations.

Right to work integrity - a limit of ownership?

Dreptul la integritatea operei – limitare a dreptului de proprietate?

Author(s): Oana Vasilica Coandă / Language(s): Romanian / Issue: 02/2010

Keywords: copyright; moral right; right of integrity of a work; right of ownership; imitation

Can a moral right constitute a limit to a real right? What attributes of the right of ownership can be limited?. Can the right of ownership be limited by the author’s moral right to compliance with the integrity of the work?. If yes, then under what conditions?. If no, then what is the efficiency of the legal provisions granting the author the right to compliance with the integrity of the work?. How can the author exercise this right concurrently with the owner of the work? and, especially, how is such a conflict solved?. The work is intended to approach an issue that has not been discussed until present in the doctrine and practice, but only rarely mentioned: the face-to-face confrontation between the right of ownership, declared by the French Revolution as sacred and inviolable and the right to compliance with the integrity of the work, which is integral part of the content of the intellectual property right.

Do More Contact-attempts Reduce Non-response Bias in Representative Face-to-Face Interviews? Findings from a PAPI Survey with a Low Response Rate

Do More Contact-attempts Reduce Non-response Bias in Representative Face-to-Face Interviews? Findings from a PAPI Survey with a Low Response Rate

Author(s): Piotr Jabkowski / Language(s): English / Issue: 20/2011

Keywords: non-response bias; contact-attempts; response rate; dissimilarity between sample and population

The aim of this article is to examine whether providing pollsters with multiple opportunities to carry out interviews with a sample of randomly selected respondents reduces non-response bias. First, I present the procedures for assessing non-response bias in sociological surveys, opting for a method based on post-stratifi cation weights. Next, using a unique dataset, I address four basic questions related to the research problem: (1) Do more contact attempts reduce the dissimilarity between the sample and population distributions? (2) Do more contact attempts reduce the need for post-stratifi cation weighting? (3) Which categories of respondents are underrepresented and/or overrepresented in the sample in the early and late contact attempts? (4) Do more contact attempts reduce non-response bias? While more contact attempts increased the response rate and closed the gap between sample and population, they do not always reduce the level of non-response bias. Indeed, for some types of variables, the more contact attempts, the larger the non-response bias.

Developing Attitudinal Indicators of Societal Progress

Developing Attitudinal Indicators of Societal Progress

Author(s): Elissa Sibley,Eric Harrison,Roger Jowell / Language(s): English / Issue: 20/2011

Keywords: wellbeing; social indicators; societal progress; social attitudes

This paper reports progress on a project to develop a set of ‘attitudinal indicators of societal progress’, as part of the wider methodological research agenda associated with the European Social Survey. It recognises the recent contribution of ‘happiness economics’ in moving the debate about the progress of societies ‘beyond GDP’, but seeks to move the agenda on in two ways. Firstly it focuses more on cognitive evaluations of society’s functioning than measures of affect like happiness. Secondly it is less concerned with the psychological wellbeing of individuals and more with the social wellbeing of aggregates, whether these are neighbourhoods, regions or nations. While the study of data relating to overall measures of individuals’ life satisfaction has a long history, the recent Stiglitz-Sen-Fitoussi report called for recognition of the multi-dimensional nature of wellbeing. In examining the feasibility of such an indicator set, we were constrained by two considerations: a) it must comprise items that represented a comprehensive set of domains, in order to provide a full picture of the experiences that constitute societal progress; and b) it must initially be drawn from existing cross-national surveys. Unfortunately it is currently the case that while comparative data exist for most of the key domains, these are often scattered across many different general social surveys, meaning that they can only be analysed at the aggregate level. This makes it diffi cult to implement another of the Stiglitz recommendations, namely that surveys should ‘assess the links between various quality-of-life domains for each person, and this information should be used when designing policies in various fi elds’. With this in mind, we present a prototype set of indicators that could be used to measure citizens’ perceptions of the quality of their society. The eventual aim is to fi eld all the items together in one survey, in order to examine their inter-correlations, as well as their relationships with measures of individual life satisfaction and with socio-demographic characteristics.

The Centre for Comparative Social Surveys, City University London, UK

The Centre for Comparative Social Surveys, City University London, UK

Author(s): Peter Martin,Eric Harrison,Rory Fitzgerald,Roger Jowell / Language(s): English / Issue: 20/2011

Keywords: Information: The Centre for Comparative Social Surveys (CCSS) at City University London

Information: The Centre for Comparative Social Surveys (CCSS) at City University London

How to Prepare an Advance Letter? The ESS Experience in Poland

How to Prepare an Advance Letter? The ESS Experience in Poland

Author(s): Paweł B. Sztabiński / Language(s): English / Issue: 20/2011

Keywords: survey; advance letter; non-respons

When we send advance letters to the sampled persons in a survey, we expect that the recipients will read them and, based on the information provided, will decide on their participation in the survey. Therefore, the letter is expected to play an important role paving the way for the interaction with the interviewer. Findings from in-depth interviews with hard refusers from ESS 3 (2006) and ESS 4 (2008) presented in this paper indicate that such individuals are generally not interested in the mailing received and can hardly remember anything from it. The paper also shows how, following the fi ndings of this research, the advance letters in subsequent ESS rounds in Poland were modifi ed in order to generate recipients’ interest and drive participation.

Missing by Design: Planned Missing-Data Designs in Social Science

Missing by Design: Planned Missing-Data Designs in Social Science

Author(s): Artur Pokropek / Language(s): English / Issue: 20/2011

Keywords: missing-data; research design; multiple imputation; maximum likelihood; Monte Carlo simulations; statistical power

This article presents research designs that employ modern statistical tools to optimize costs and precision of research along with some additional methodological advantages. In planned missing-data designs some parts of information about respondent are purposely not collected. This gives fl exibility and opportunity to explore a broad range of solutions with considerably lower cost. Modern statistical tools for coping with missing-data, namely multiple imputation (MI) and maximum likelihood estimation with missing data (ML) are presented. Several missing-data designs are introduced and assessed by Monte Carlo simulation studies. Designs particularly useful in surveys, longitudinal analysis and measurement applications are showed and tested in terms of statistical power and bias reduction. Article shows advantages, opportunities and problems connected with missingdata designs and their application in social science researches.

A Good Mix? Mixed Mode Data Collection and Cross-national Surveys

A Good Mix? Mixed Mode Data Collection and Cross-national Surveys

Author(s): Peter Martin / Language(s): English / Issue: 20/2011

Keywords: survey methodology; mixed mode surveys; comparative research; cross-cultural research

Can cross-national surveys benefi t from mixed mode data collection? This article provides a classifi cation of the different ways in which modes of data collection may be mixed within a cross-national survey, and investigates the methodological consequences of such designs. Mixed mode designs have the potential to lower survey costs relative to single-mode face-to-face surveys, while maintaining higher response rates than cheaper modes alone could. Yet since responses to survey questions are not always independent of the survey mode, mixed mode designs endanger cross-national measurement equivalence (as well as, in the case of time series surveys, diachronic equivalence), so that cross-national comparisons (and analyses of change over time) lose internal validity. These problems can be mitigated by careful questionnaire and survey design, but won’t be entirely overcome in many cases. The use of mixed mode designs in cross-national surveys therefore needs to be accompanied by methodological research to establish the likely consequences for measurement.

Review

Recenze

Author(s): Author Not Specified / Language(s): Czech / Issue: 1/2012

Educational Standards: The Constitution of the New Curricular Model in Russia

Vzdělávací standardy a konstituování systému kurikulárních dokumentů v Rusku

Author(s): Eliška Walterová / Language(s): Czech / Issue: 1/2012

Keywords: modernization; Russia; curriculum theory; strategy of development; curricular model; educational standards

The article deals with development of the State educational standards of general education in Russia. The constitution of the new curricular model, its conception and theoretical starting points, strategies and levels of development are in the focus. The structure of curricular documents and their functions in school education are analyzed as well.

Education of refugee children: Support offered by primary schools in Norway and in the Czech Republic

Vzdělávání dětí-uprchlíků: podpora nabízená základními školami v Norsku a v ČR

Author(s): Markéta Bačáková / Language(s): Czech / Issue: 1/2012

Keywords: refugee chidren; inclusion; support measures; Czech Republic; Norway

The support provided to refugee children in the Czech Republic and in Norway varies significantly. While it is one of the priorities of the educational policy in Norway to offer language training to their refugee children, the Czech Republic fails to adhere to this princi¬ple, even though it is guaranteed by the national legislation. The qualification of teachers to work with refugee children remains one of the largest shortcomings of the Czech system of education in relation to the education of this group of children. Reasons for the vast differences presented lay in the areas of economy, social history, but also in the prevailing national values. While there is no doubt that Norway is one of the wealthiest countries in the world with rich experience in immigrant integration, which gives it a great advantage compared to the Czech Republic, it also shows high social sensitivity towards the most vulnerable ones and stresses the values of equity, belonging and inclusion in all their national policies as well as educational practice. This may be indeed the greatest inspiration to the Czech environment.