Proprietatea intelectuala - Drept

Final  Exam:



I Copyright
 a) What is the principal purpose of copyright laws?
 (Include in your answer a description of the types of works that are protected and an example of the duration of such protection).
      The principal purpose of copyright laws is the protection work of the human intellect, the domain  - protection of literary and artistic works. Copyright laws doesn’t protected ideas, but the final product of the human intellect.
     The national legislation on protection of the copyrights of the majority of the countries provides protection of the following kinds of products:
·      literary products (the stories, novels, poem …);
·      pieces of music (music, songs operas, operetta, …);
·      product of fine art (graphic works and product of architecture, sculpture, particularly picture …);
·      product with scientific or technical content (plans, drawings, maps …);
·      cinematographic, photographic and other visual or audio-visual works;
·      computer program .
     The minimal period of validity of the copyright under the Bern Convention is 50 years from the end of year of the author’s death. In the European Union and for European countries, the term is now 70 years from the end of year in which the author died, and the same period has been written into the US legislation / so that it consists 70 years. There is thus a definite tendency to prolong protection from 50 to 70 years. In the Republic of  Moldova the term is 50 years from the end of year in which the author died.


b)  Describe three types of rights that a copyright holder may have.
There are two aspects of types of rights that a copyright holder may have.
The first: Copyright holder may have three types of rights:
·      the right of reproduction (involves the classic and modern methods. For example: authorize photocopies, printed copies, tape recording and copying of the tape recordings…);
·      the right of performance (is considered communication of the work to the public);
·      the right of adaptation and translation (adaptation is generally understood as a modification of a work to create another work, for example adapting a novel to make a motion picture; translation means the expression of a work in a language other than that of the original version).
The second: Copyright holder may have three types of rights:
·        exclusive rights (use the work as he wishes, prevent others from using it without his authorization);
·        economic rights (economic rights of the type can be transferred or assigned to other owners usually for a sum of money or royalties depending on
the proposed usage of the work);
·        moral rights (moral rights can never be transferred, they always remain with the original author of the work).


c) What is the name of the oldest  international convention concerning copyright?
     The oldest international convention concerning copyright is Berne Convention for the Protection of Literary and Artistic works from September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914, revises at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971, and amended on September 28, 1979.
     In the contents of the Convention allocate rule about a minimum level of protection, three basic principles (principle of independence of protection, principle of a national regime, principle of automatic protection), and special rules about the developing countries.


 II Related Rights
 a) Describe the three categories of beneficiaries for related rights and give the duration of their rights as given by the Rome Convention and the TRIPs agreement. 
     There are three categories of beneficiaries for related rights:
·      the rights of performers;
·      the rights of recordings;
·      the rights of broadcasting.
     The rights of performers are recognized because their creative intervention is necessary to give life and because they gave a justifiable interest in legal protection of their individual interpretations.
     The rights of recordings  are recognized because their creative, financial and organisational resources are necessary to make recorded sound available to the public in the form of commercial phonograms.
     The rights of broadcasting organizations are recognized because their role in making works available to the public, and in light of their justified interest in controlling the transmission and retransmission of their broadcasts.
      The duration of protection of related rights under the Rome Conventions is 20 years from the end of the calendar year in which: the performance took place, when performances not included in phonograms; the fixation (recording) is made, in the case of phonograms and performances included in phonograms; the broadcast took place.
     In the mire recent TRIPs Agreement, the rights of performers and producers of phonograms are to be protected for 50 years from the date of the fixation or the performance, and the rights of broadcasting organizations for 20 years from the date of the broadcast.


III Trademarks and Geographical Indications

a) What are the differences between a trademark and a geographical indication?
     A trademark is a sign that an individual trader or company uses to distinguish its own goods or services from the goods or services of competitors. A geographical indication is an expression with a “place-goods”. Geographical indication of the goods is understood as a designation, directly or indirectly  indicating on a place of the valid origin or manufacturing of the goods. If a trademark is registered by a single holder he is the one who has exclusive rights for its usage but geographical indication must be available for usage by all the producers in that region.


 b) Describe the two main requirements of a Trademark in order to register it under the terms of the Madrid agreement and explain the process for registration of a trademark and why registration is advantageous.
There are basically two main characteristics features for a trade mark:
·      it must be distinctive (to distinguish the goods and services of one the physical or legal persons from the homogeneous goods and services of other physical or legal persons );
·      it should not be deceptive, liable to mislead, or if it breaks the public order or morels.
     Before the international registration the trademark should be registered at a national level. The international registration give the possibility to register the trademark in the countries where was acceded Madrid agreement. Every application for international registration must be presented on the form. The applicant must indicate the goods or services in respect of which protection of the mark is claimed and also, if possible, the corresponding class or classes according to the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks. The international Bureau shall register immediately the marks. The registration shall bear the date of the application for international registration in the country of origin, provided that the application has been received by the International Bureau within a period of two months from that date. If the application has not been received within that period, the International Bureau shall record it as at the date on which it received the said application. The international Bureau shall notify such registration without delay to the countries that have been designated, which with then have the possibility of refusing protection. They would normally examine it as though it were an application filed with them direct and apply their normal national criteria accordingly. However, protection may not  be refused, even partially, by reason only that national legislation would not permit registration except in a limited number of classes or for a limited number of goods or services. Registered marks shall be published in a periodical journal issues by the International Bureau, on the basis of the particulars contained in the application for registration. So we can see that such an easy system of trademarks registration may lead to the reduction of money expenses and it can save time for the registration of trademarks in different countries.


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