CRIMINAL LAW PROTECTION OF DATABASE AT A GLANCE
Journal Title: Challenges of the Knowledge Society - Year 2012, Vol 2, Issue 0
Abstract
Database protection is provided in Romania by the general law on copyright no. 8/1996. According to the law, it is considered to be a crime making available to the public, by any means, the special rights attributed to database owners or copies thereof. This paper will focus on, one hand, presenting the way database and database related products can be subject to a copyright general protection and, on the other, revealing the special sui generis right attributed to database owners. In such a context, criminal instruments for protecting such rights seem to be quite annoying for the perpetrator, but less effective when it comes to a proper enforcement by the criminal bodies. This paper will therefore try to compare the way guilty actions of the culprit are effectively sanctioned by the criminal instruments provided by the law.And because the Romanian law on copyright does follow at least the letter of the European Directives on copyright and the protection of database, this paper will also search the spirit of the relevant European case-law and its applicability by the Romanian authorities.
Authors and Affiliations
LUCIAN T. POENARU
Keywords
Related Articles
- EP ID EP136682
- DOI -
- Views 124
- Downloads 0
THE ROLE AND THE TECHNIQUES USED BY THE MEDIATOR IN THE MEDIATION PROCESS
The present work aims to emphasize the complexity of the mediator’s activity during the mediation process, as an extra – judicial alternative dispute resolution methodology. Different mediation schools have launched diff...
THE ANALYSIS OF THE HUMAN RESOURCES MANAGEMENT IN THE ROMANIAN LEGAL SYSTEM FROM THE PERSPECTIVE OF THE COOPERATION AND VERIFICATION MECHANISM
At 1st January 2007 when Romania joined the European Union was established a Cooperation and Verification Mechanism (further named “CVM”) in order to support Romania to remedy certain shortcomings in the areas of judicia...
THE IMPACT OF BASEL III AGREEMENT ON THE ROMANIAN BANKING SYSTEM
Basel III Agreement is a set of regulations on the banking system, which aims to ensure the system stability, by applying new standards on the capital level and on the liquidity level adequacy and also, on the reduction...
HARMONIZATION OF NATIONAL PROCEDURAL PROVISIONS CONCERNING THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
This short paper looks at provisions concerning very specific aspects provided for at international, regional and national level and analyzes the level of harmonization between such. Given the importance of provisional m...
MONETARY POLICY AND PARALLEL FINANCIAL MARKETS
Monetary policy is one of the economic policy "tools" through which it acts on the currency demand and supply in the economy. The importance of monetary policy results from its primary objective - price stability, plus l...