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In this paper I propose to analyze in short the changes of the building that occurred in the Bulgarian capital between the 19th and the beginning of the 20th century.
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I my research I follow the enormous energy and endeavor of the Thessalonica Bulgarian society -Bulgarian traders, book sellers, teachers and craftsmen -inhabiting the Bulgarian streets of Thessalonica. Many of them took an active part in the school and church affairs long before 1880.
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The present article will try to shed some light on the process of transformation of the family memory of the Balkan wars into war narratives, as well as on some of the specific features and social functions of that narrative.
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Common Market established by the European Union, characterized by free movement of goods, persons, services and capital within it, led to the emergence of a new concept, designed to answer the need for uniform protection companies in the business context of the Community: Community mark. Council Regulation NO. 207/2009 of 26 February 2009 on Community mark establishes Community mark system which allows companies the right to acquire, according to a single procedure, Community marks with an uniform protection and that generates effects on the entire territory of the Community. In this regard it should be noted that Regulation (EC) no. 40/94 of 20 December 1993 on Community trade mark has been amended several times and the last substantially amendment was made by the Regulation of '2009. Community trade mark under the new regulation has to be regarded as an object of property right independently from the undertakings whose goods or services are designated. It can also be transferred, subject to the overriding need to' not' mislead' the' public' as' a' result' of' the' transfer' and' may' constitute' a' guarantee for a third party and subject to licensing. With regard to article 2 of the Regulation is established an Office for Harmonization in the Internal Market (Trade Marks and Designs), hereinafter „Office" technically independent and has legal personality and exercising the powers enforcement conferred by this regulation, the law and without prejudice to the powers exercised by the Community institutions.
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Today's invention represents a benchmark for the invention of tomorrow, so that "invention feeds invention". It stands for the ideal weapon in the economic war and it is used as an instrument of the strategic interest in the international relations, and the strongest dominate and exploit. Given the conditions of a high ascension of technological and scientific discoveries, it is mandatory to become aware of the importance regarding the industrial property protection across borders and its implications. Thus, the legal protection of the industrial property remains one of the major conditions of national economic prosperity and development of the international cooperation, with the purpose of establishing a new economic order, but provided that the existent systems are continuously revised and adjusted.
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The' international' franchise' agreement' is' different' from' any' other' international' commercial' agreement,' in' addition' to' the' much' more' ample' and' complex' content' of' the' cooperation' obligation' to' which' the' contracting' partners' are' bound' and' the' common' interest' in' the' success' of' the' business,' also' by' the' special' importance' of' the' pre-contractual' stage,' due' to' the' preliminary' information' obligation' established' for' the' franchisor,' distinctively' regulated' in' some' legislations' and' also' provided' by' the' codes' of' ethics.' In' the' franchise' agreements,' whether' or' not' international,' the' pre-contractual stage is mandatory and it usually follows the general process of selection of' the' franchisors,' generally' started' with' an' announcement' made' by' the' franchisee' intending to develop its business under franchise system. In essence, the purpose of the pre-contractual stage of the provision of information, as it results from the existing national and international regulations, as well as from the interpretations of case law and doctrine, is to allow each party to' express' its' agreement' to' commit' contractually' in' complete' balance' and' to' confirm its decision to cooperate. In' the' case' of' franchise' agreements,' also' as' a' particularity,' we' should' mention' that,' unlike' the' other' international' commercial' agreements,' the' pre-contractual' information' obligation' encumbers' explicitly' the' franchisor,' which' must provide all the necessary data and information based upon which the future franchisee' will' decide,' completely' aware' of' the' situation,' its' involvement' in' the' contractual relationships and, in the end, in the franchise network. The reason for stipulating such an obligation is, ultimately, the protection of the' potentially' economically' disadvantaged' party,' namely' the' franchisee,' as' well' as' preserving' the' balance' of' negotiations,' which' might' be' influenced' by' the' importance,' the' notoriety' or' the' business' experience' already' gathered' by' the' franchisor.' In' other' words,' it' aims' at' counterbalancing,' from' the' legal' perspective,'what'economists'call'"the'asymmetry'of'information".' The' regulations' appearing' in' various' legislations' in' order' to' establish' explicit' obligations' for' the' franchisor,' mainly' for' the' purpose' of' protecting' the' franchisee, have also been generated by the specificity of the franchise agreement involving' information' not' only' of' a' special' nature,' but' also' secret,' which' could' not' be' acquired' in' other' way,' with' all' the' diligence' and/or' ability' that' the' franchisee'candidate'might'prove.''
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The copyright and its legal protection became the subject of legislative preoccupation very late, the main cause being the absence of the means to reproduce literary and artistic works. According to Andre Kerever, copyrights appeared following the joint action of a technological revolution (the invention of print) and a cultural revolution (under the sign of freedom and equality) which was political and philosophical at the same time, plus an economic revolution (the capitalism), a climate encouraged in particular by the development of the means of communication. People started to speak about the significance of the moment when print was discovered at the half of the 18th century, when the first regulations started to appear, in a "modern configuration" regarding the protection of the rights of intellectual creations authors. Thus, most European countries start to enact laws regarding the protection of the rights of authors of literary and artistic works, among which we mention those in Prussia (1837), Austria (1846), Romania (1862), Italy (1872), Spain (1879), Hungary (1884), Belgium (1886), Norway (1893), Russia (1896) etc. The expression "copyrights" appeared for the first time during the French Revolution, when Lakanal, the reporter of the French law of 19 July 1793 on literary property, speaks in his Report of a "property over the productions of genius", and Augustin-Charles Renouard is considered the first author who used, in the Treaty regarding the rights of the author in literature, sciences and fine arts, published in 1838, the expression "copyright" to replace the term "property". In the Romanian specialized legal literature, Yolanda Eminescu, quoting Adolphe B. Breulier shows that, once print is invented and begins to be used, "the human genius becomes more productive: new books multiply, the author's work, the bookshop industry become more profitable and, at the same time, the dishonorable job of plagiarists and counterfeit authors becomes more active. All those who, more or less directly, obtain legitimate profit from the intellectual activity, feel the need to resort to social protection" and, at the same time, the authority does not witness impassible the spreading of "this splendid and terrible meteor", but tries to adopt protection measures in favor or against writers, typographers and bookshops.
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This short introductory lecture presented during the Alternative Dispute Resolution of Intellectual Property Conflicts" seminar looks at the apparently paradoxical results of domain owners in the WIPO's arbitration procedure and provides one possible explanation for the continuation of registrations of possibly infringing domain-names. Afterwards two ways to balance out the costs of the procedure for the parties involved are explored (i.e. the possibility to start or add to the started procedure more than one domain name, or more than one defendant or for the procedure to be initiated by more than one plaintiff as well as the possibility to rely in the procedure on 'without prejudice' inter-party communications).
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The widespread of sites that contain user-generated content (UGCs), that involve a large number of potential suppliers that can provide pirated content, created the need for lawmakers and copyright owners to find effective ways of addressing intellectual property issues specific to this new media form. In this article we look into some of the issues raised by the UGCs from an intellectual property law perspective.
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In this study the author has submitted a systematic and systemic analysis of the provisions of art. 146 and art. 147 ofLaw no. 8/1996 on copyright and related rights, revealing the existence of normative inaccuracies or ambiguites and stated some relevant solutions of lege ferenda. In summary, the author pleads for a radical reformulation of those two texts, so first should refer to the legal protection of copyrights or related rights belongs to Romanian natural and legal persons, and the last one should refer to theforeigns.
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One of the most controversial objects of protection of the copyright, which is subject to discussions that seem not to cease, refers to computer programs. They are protected by the copyright rules as a literary work. The complex structure of the computer program, which is made of the source code and the object code, requires' a' broader' vision' regarding' the' means' of' protection,' which' are' consequently the institution of the copyright, the patent right, the trade secret and others.' In' this' article,' the' author' intended' to' make' an' analysis' of' the' currently' existing' policy' regarding' the' protection' of' computer' programs' through' the' rules' of the patent right. This is a reality in the world practice and case law, but not a reality' from' the' point' of' view' of' the' European' regulatory' framework.' Thus,' although' the' European' Patent' Office' issues' patents' regarding' computer' programs,' the' European' Patent' Convention' stipulates' very' clearly' that' computer' programs are considered inventions. The author also examines the advantages and' disadvantages' of' the' protection' for' computer' programs' through' patents,' as' well' as' the' technical' requirements' to' be' met' in' order' for' a' computer' program' to' be protected by a patent.
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Trademark is an important element in creating a commercial image for a trader. The registration procedure in Romania was changed due to the last modification of the provision of Law no. 84/1998 on marks and geographical indication. The new registration procedure presents similarities with the registration procedure for the community trademark. The commission from State Office for Invention and Trademark will analyze relative grounds for refusal only if a third party fill in an opposition. Also, it is possible to submit observation from third parties if a trademark is ineligible for registration due to absolute grounds for refusal.
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One of the applications of the contract of mandate it is in the case of collective management of the copyrights and the related rights. In this case is applicable the general civil rules and the special rules of the Romanian copyright law. From the perspective of the theory of the civil contract some problems arise. One is if the written form of the mandate given to a collective management organization is necessary ad validitatem. The second is if the rules concerning the decision to revoke a mandate are fully applicable to this special mandate given to collective management organization.
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The collective management bodies are "legal entities established by free association, whose business line is mainly the collection and distribution of rights whose management is entrusted to them by the holders". The differences existing between national legislations, as well as the specificity of the categories of works and rights managed have led to the formation of various types of collective management bodies. From the point of view of the legal system, the collective management bodies may be public, private or even mixed, non-profit or lucrative, charitable or corporate. According to the results obtained following the consultations carried out, as early as since 1995, by the European Commission with all the parties interested in the collective and individual management of rights, "it seems that the efficiency of a collective management company is not influenced by its legal form. A management company may be established in the form it chooses or in the form required by the national law, as long as it complies with the relevant national legislation and provided the legislation produces no discriminatory effects".
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Over the time, among the authors of spiritual creations, the image of the producer of cinematographic works has not been one of the most favorable. Sometimes blasted, sometimes considered either ignorant or abusive and, most of the times, unknown from the point of view of his/her role and actual involvement in the creation of audiovisual works, having almost an unfortunate position between being a creator and also manager of a project of such complexity, the producer has been the promoter of art and, at the same time, of the cinematographic industry. From the perspective of a lawyer and also young movie author, this work attempted, through a trans-disciplinary approach, to present and emphasize both the actual process of movie production, the possible shortcomings of the legal provisions in this field, and the producer's role from the first scene to the mega productions of our days, his/her involvement beyond the organization and provision of financial and material means required for making the cinematographic work, in the creation process and his/her own intellectual creation contribution during each stage and under almost each aspect of the audiovisual work, in its complexity and his/her responsibility in the production process.
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Authors answer the question about the state of classical studies in Romania in the second part of the debate.
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