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International Conventions Regulating the Copyright and the Related Rights as well as their Implementation in the National Law System


Author: Ţîganaş Ion
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2008
Scientific adviser: Alexandru Burian
doctor habilitat, professor, Institute of History of the ASM
Institution:
Scientific council:

Status

The thesis was presented on the 1 March, 2008
Approved by NCAA on the 17 April, 2008

Abstract

Adobe PDF document0.34 Mb / in romanian

Thesis

CZU 341.24 (043.2) Ţ 59

Adobe PDF document 1.20 Mb / in romanian
157 pages


Keywords

harmonization of the legislation, author, international cooperation, Berne Convention for the Protection of Literary and Artistic Works, European Directives, copyright, conclusion of treaties, World Intellectual Property Organization, international treaties.

Summary

In this scientific activity there are analyzed the international relationships of the copyright and the related rights, and the stress is placed on the actual problems, trying to develop the idea which would contribute to the intensification of the cooperation between the subjects of the international law.

The existing difficulties in ensuring of the protection of the copyright lead to more and more intense discussions of the idea of the necessity to conclude some international multilateral and universal agreements in the sphere of the copyrights, which would give the possibility to eliminate the differences and contradictions between the national legislations, to ensure at least the minimal level of protection of the copyright and, at the same time, to create conditions for the distribution of the works of art in all the states participates in such conventions.

Although many international organizations repeatedly declared that the Republic of Moldova had created her own and efficient national system in the sphere of the copyright and of the related rights, which is an example for the states of the South-Eastern Europe, the vertiginous development of the informational society, the modification of the ways of transmission of the works of art form one part of the world to the other, and also the extension of the Internet, gives to the Republic of Moldova new fields of activity and research of the international norms applicable to the law system of our country.

The work has a conceptual construction of a monographic study, combining historical, theoretical and practical aspects of the system of the international protection of the copyright.

The proposed conclusions and recommendations may be used in the process of interpretation, completion and creation of new legal norms in the sphere of the international conventions, regulating the copyright and the related rights, and also for the extension and deepening if the scientific researches in this sphere. We think that the effectuated study will allow us to create an optimal model for making the legislation of the Republic of Moldova closer to the standards of the international conventions and to harmonize it with them.

The material exposed in the paper may be useful also for a large circle of readers, who are interested in the cultivation of their own legal culture.