THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS
The present study addresses the issue of the contraventional liability as a consequence of committing any of the acts provided for in art. 190 and 191 of Law no. 8/1996 on copyright and related rights, republished, with subsequent amendments and additions, from the perspective of analyzing certain a...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2025-05-01
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| Series: | Challenges of the Knowledge Society |
| Subjects: | |
| Online Access: | https://cks.univnt.ro/download/cks_2025_articles%252F4_CKS_2025_INTELLECTUAL_PROPERTY_LAW%252FCKS_2025_INTTELECTUAL_PROPERTY_LAW_006.pdf |
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| _version_ | 1849246113754775552 |
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| author | Iacob-Cătălin MARCU |
| author_facet | Iacob-Cătălin MARCU |
| author_sort | Iacob-Cătălin MARCU |
| collection | DOAJ |
| description | The present study addresses the issue of the contraventional liability as a consequence of committing any of the acts provided for in art. 190 and 191 of Law no. 8/1996 on copyright and related rights, republished, with subsequent amendments and additions, from the perspective of analyzing certain aspects of the respective contraventions, such as, in particular the active subject of these contraventions and the material element of the objective side of the same contraventions, including the special requirement of that element, as well as from the perspective of the general procedural aspects of the respective contraventions, taking into account the relevant specialized literature. At the same time, the present study contains elements of the Romanian jurisprudence and the CJEU jurisprudence on the matter examined, including some aspects that have been settled differently by Romanian courts. This study also includes some critical observations by the author on the flawed manner in which the contraventions analyzed were regulated, including with regard to compliance with the requirements of clarity and predictability of the rules governing them, which may lead to inconsistent practices, both in the administrative and judicial phases of the contraventional procedure, aspects in consideration of which appropriate de lege ferenda proposals have been formulated. |
| format | Article |
| id | doaj-art-7206f2476cfd4ff6bc2cc67a8b89ae1f |
| institution | Kabale University |
| issn | 2068-7796 2359-9227 |
| language | English |
| publishDate | 2025-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-7206f2476cfd4ff6bc2cc67a8b89ae1f2025-08-20T03:58:36ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962359-92272025-05-01181422441THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONSIacob-Cătălin MARCU0PhD Candidate, Faculty of Law, „Nicolae Titulescu” University of Bucharest (e-mail: catalinm1973@yahoo.com)The present study addresses the issue of the contraventional liability as a consequence of committing any of the acts provided for in art. 190 and 191 of Law no. 8/1996 on copyright and related rights, republished, with subsequent amendments and additions, from the perspective of analyzing certain aspects of the respective contraventions, such as, in particular the active subject of these contraventions and the material element of the objective side of the same contraventions, including the special requirement of that element, as well as from the perspective of the general procedural aspects of the respective contraventions, taking into account the relevant specialized literature. At the same time, the present study contains elements of the Romanian jurisprudence and the CJEU jurisprudence on the matter examined, including some aspects that have been settled differently by Romanian courts. This study also includes some critical observations by the author on the flawed manner in which the contraventions analyzed were regulated, including with regard to compliance with the requirements of clarity and predictability of the rules governing them, which may lead to inconsistent practices, both in the administrative and judicial phases of the contraventional procedure, aspects in consideration of which appropriate de lege ferenda proposals have been formulated.https://cks.univnt.ro/download/cks_2025_articles%252F4_CKS_2025_INTELLECTUAL_PROPERTY_LAW%252FCKS_2025_INTTELECTUAL_PROPERTY_LAW_006.pdfliabilitycontraventioncopyrightrelated rightsde lege ferenda proposals |
| spellingShingle | Iacob-Cătălin MARCU THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS Challenges of the Knowledge Society liability contravention copyright related rights de lege ferenda proposals |
| title | THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS |
| title_full | THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS |
| title_fullStr | THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS |
| title_full_unstemmed | THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS |
| title_short | THE CONTRAVENTIONAL LIABILITY UNDER LAW NO. 8/1996 ON COPYRIGHT AND RELATED RIGHTS, REPUBLISHED, WITH SUBSEQUENT AMENDMENTS AND ADDITIONS |
| title_sort | contraventional liability under law no 8 1996 on copyright and related rights republished with subsequent amendments and additions |
| topic | liability contravention copyright related rights de lege ferenda proposals |
| url | https://cks.univnt.ro/download/cks_2025_articles%252F4_CKS_2025_INTELLECTUAL_PROPERTY_LAW%252FCKS_2025_INTTELECTUAL_PROPERTY_LAW_006.pdf |
| work_keys_str_mv | AT iacobcatalinmarcu thecontraventionalliabilityunderlawno81996oncopyrightandrelatedrightsrepublishedwithsubsequentamendmentsandadditions AT iacobcatalinmarcu contraventionalliabilityunderlawno81996oncopyrightandrelatedrightsrepublishedwithsubsequentamendmentsandadditions |