Abstract
We hope that intellectual property enters into the great resettlement program of the Romanian legal system and receives its own code as a recognition of the importance of the field and of the necessity of unitarily bringing together all the rules that govern intellectual creation within the covers of a single regulatory book, The Intellectual Property Code of Romania. An intellectual property code has not been issued, but, in my opinion, the New Civil Code has led to a realignment of intellectual property, in the sense that it brought forth my concept according to which intellectual property is a field of civil law, in addition to other fields, such as contracts, obligations, inheritance, etc.
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Notes
- 1.
Article 24, para (3) of Law no. 350/2007 on utility models, entering into force on March 12, 2008.
- 2.
According to Article 5 of Law no. 146/1997, “summons in the field of copyright and inventor rights are charged as follows: (a) summons for the recognition of copyright and related rights, for establishing their violation and for repairing damages, including payment of copyright and amounts due for works of art, and for taking action to prevent the occurrence of imminent damages or for ensuring their reparation—39 lei; (b) summons for recognition as inventor, patent holder, holder of the rights deriving from the patent, assignment and license contracts, including patrimonial rights of the inventor—39 lei”.
- 3.
For further information, see also L. Dănilă Cătuna, Consideraţii privind competenţa instanţelor de judecată în soluţionarea litigiilor de drept de proprietate intelectuală, in R.R.D.P.I. Nr. 1/2007, Bucharest, pp. 29–37.
- 4.
Article 37 of Law no. 304/2004.
- 5.
For further information and additional arguments, see also L. Dănilă Cătuna, Consideraţii privind competenţa instanţelor de judecată în soluţionarea litigiilor de drept de proprietate intelectuală, ibid., pp. 29–36.
- 6.
State Office for Inventions and Trademarks.
- 7.
Article 53 and 56 of Law no. 129/1992.
- 8.
Article 47 of Law no. 129/1992.
- 9.
Article 43 of Law no. 129/1992.
- 10.
Article 56, para (2) of Law no. 129/1992.
- 11.
For further information, see also L. Dănilă Cătuna, Pseudonimul—atribut de identificare procesuală, in R.R.D.P.I., no. 4/2010, pp. 18–24.
- 12.
Section 1 of Article 112 is reproduced as amended by Article I, Section 11 of Law no. 202/2010. Prior to the issue of the Small Reform Law, the text of the Code stipulated the following: “A summons shall include: 1. The name, the domicile or residence of the parties, for legal persons their name and headquarters, and, as appropriate, the registration number with the trade register or the registration number with the register of legal persons, the tax code and the bank account. If the plaintiff resides abroad, he/she will also indicate an address for service in Romania where all communications regarding the trial shall be sent”.
- 13.
From our point of view, the specification regarding the surname and the name is a tautology, as long as, from a strictly legal point of view, a person’s name as attribute of identification refers to both the surname and the name. For further information, see G. Boroi, Drept civil. Partea generală. Persoanele, ed. a III-a, Ed. Hamangiu, Bucharest, 2008, p. 418.
- 14.
G. Boroi, op. cit., p. 414.
- 15.
Idem.
- 16.
Article 4 of Law no. 8/1996.
- 17.
Article 26 of Law no. 8/1996 read in conjunction with Article 25 of the same law.
- 18.
Article 83, para, (1)–(3) of Law no. 8/1996.
- 19.
Article 96 letter (c) of Law no. 8/1996.
- 20.
Law no. 134/2010 on the Civil Procedure Code, republished (Official Gazette no. 545 of August 3, 2012).
- 21.
Article 978, para (2) letters (a) and (b) of the NCPC.
- 22.
Article 978, para (3) of the NCPC.
- 23.
Article 99, para (1) of the NCPC.
- 24.
Article 99, para (2) of the NCPC.
- 25.
Article 978, para (4) of the NCPC.
- 26.
Article 978, para (6) of the NCPC.
- 27.
Article 978, paras (4) and (6) of the NCPC.
- 28.
Article 978, para (6) of the NCPC.
- 29.
Article 978, para (1) of the NCPC.
- 30.
Article 978 para (6) of the NCPC.
- 31.
Article 978, para (5) of the NCPC.
- 32.
Article 978 of the NCPC.
- 33.
Article 978, para (7) of the NCPC.
- 34.
Article 978, para (5) of the NCPC.
- 35.
Article 978, para (8) of the NCPC.
- 36.
Article 42 of Law no. 255/1998, republished.
- 37.
Article 44 of Law no. 255/1998, republished.
- 38.
Article 45, para (6) of Law no. 255/1998, republished.
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Cătuna, L. (2017). The New Civil Code of Romania and Its Impact on Intellectual Property. In: Menyhárd, A., Veress, E. (eds) New Civil Codes in Hungary and Romania. Ius Gentium: Comparative Perspectives on Law and Justice, vol 63. Springer, Cham. https://doi.org/10.1007/978-3-319-63327-5_8
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