PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION
The main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has r...
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| Format: | Article |
| Language: | English |
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Nicolae Titulescu University Publishing House
2017-05-01
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| Series: | Challenges of the Knowledge Society |
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| Online Access: | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS_2017_intellectual_property_law_005.pdf |
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| author | George-Mihai IRIMESCU |
| author_facet | George-Mihai IRIMESCU |
| author_sort | George-Mihai IRIMESCU |
| collection | DOAJ |
| description | The main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has recently developed a constant practice and outlined a series of criteria that should be taken into consideration when examining a trademark consisting of a title. Another possibility is protecting the title under the provisions of the copyright law. From this respect, the practice has not yet determined a constant practice. However, the dominant opinion is that the originality criterion should be taken into consideration when assessing the protection of a tile. Finally, brief conclusion are made, including short remarks on the cumulative protection of titles, both as trademarks and under the copyright law. |
| format | Article |
| id | doaj-art-f5ee22daf02c47bca1fd4436233d7c5f |
| institution | Kabale University |
| issn | 2068-7796 2068-7796 |
| language | English |
| publishDate | 2017-05-01 |
| publisher | Nicolae Titulescu University Publishing House |
| record_format | Article |
| series | Challenges of the Knowledge Society |
| spelling | doaj-art-f5ee22daf02c47bca1fd4436233d7c5f2025-01-02T18:45:59ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962017-05-017-640646PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTIONGeorge-Mihai IRIMESCU0PhD Candidate, Faculty of Law, "Nicolae Titulescu" University of BucharestThe main purpose of the paper is assessing the possibilities of protecting the titles of works. One possibility is the protection by means of registered or unregistered trademarks. This route presents difficulties because of the distinctiveness perspective. In this sense, the European case-law has recently developed a constant practice and outlined a series of criteria that should be taken into consideration when examining a trademark consisting of a title. Another possibility is protecting the title under the provisions of the copyright law. From this respect, the practice has not yet determined a constant practice. However, the dominant opinion is that the originality criterion should be taken into consideration when assessing the protection of a tile. Finally, brief conclusion are made, including short remarks on the cumulative protection of titles, both as trademarks and under the copyright law.http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS_2017_intellectual_property_law_005.pdftitlescopyrightoriginalitytrademarkdistinctiveness |
| spellingShingle | George-Mihai IRIMESCU PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION Challenges of the Knowledge Society titles copyright originality trademark distinctiveness |
| title | PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION |
| title_full | PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION |
| title_fullStr | PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION |
| title_full_unstemmed | PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION |
| title_short | PROTECTION OF WORKS TITLES FROM THE PERSPECTIVE OF COPYRIGHT PROTECTION AND TRADEMARK PROTECTION |
| title_sort | protection of works titles from the perspective of copyright protection and trademark protection |
| topic | titles copyright originality trademark distinctiveness |
| url | http://cks.univnt.ro/uploads/cks_2017_articles/index.php?dir=04_intellectual_property_law%2F&download=CKS_2017_intellectual_property_law_005.pdf |
| work_keys_str_mv | AT georgemihaiirimescu protectionofworkstitlesfromtheperspectiveofcopyrightprotectionandtrademarkprotection |