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CNAA / Theses / 2012 / June /

Сriminal analysis of offenses of intellectual property


Author: Dincă Mihai
Degree:doctor of law
Speciality: 12.00.08 - Criminal Law (with specification: Criminal Law, Criminology, Criminal Procedure Law, Criminalistics, Judicial Expertise, Executional Law; Theory of The Operative - Investigation Activity)
Year:2012
Scientific adviser: Alexei Barbăneagră
doctor habilitat, professor, Free International University of Moldova
Institution: Free International University of Moldova
Scientific council: DH 34-12.00.08-05.10.11
Free International University of Moldova

Status

The thesis was presented on the 1 June, 2012
Approved by NCAA on the 9 October, 2012

Abstract

Adobe PDF document – 0.31 Mb / in romanian

Thesis

CZU 343.533 (043.3)

Adobe PDF document 0.94 Mb / in romanian
180 pages

Keywords

copyright, intellectual property, industrial property, trademark, art-work, originality, moral right, property right

Summary

The structure of the study: introduction, three chapters, general conclusions and recommendations, bibliography of 195 titles, 145 pages of basic text. The results were published in 10 scientific papers.

Field of study:This dissertation is dedicated to the criminal law (the special part), attention to this matter being referenced to civil reglamentation and reglamentation in field of intellectual property.

Goal of the dissertation: complex and systematical investigation of criminal liability for infringement of intellectual property (copyright and related rights, industrial property) under the law of Romania and Moldova.

The objectives: analysis of the notion of intellectual property and an outline of the categories (copyright and industrial property), revealing forms of manifestation of intellectual property right delictualităţii aimed at the legal framework of Romania and Moldova; indication on nuanced issues in relation to normative regulation of social relations aimed at intellectual property in Romania and Moldova and create a framework for their solution; identification and analysis of complex background and content of signs constitutive of crimes affecting intellectual property in Romania and Moldova, etc.

Novelty and originality of scientific research results is researching of problems with the current headquarters is established in criminal liability for crimes that infringe on intellectual property and in terms the normative projections within this framework. Special attention was paid to the possibility of adjusting the criminal laws of Romania and Moldova in the field of criminal liability for violation of intellectual property legislation to European standards and EU. Important scientific problem solved by development through thesis related to the identification of a clear policy to combat criminal violations targeting intellectual property law in Romania and Moldova, having regard to the current realities of their countries and financial resources to be made based promotion policy. In this respect, it indicates the rapid development of social relations in the field of intellectual property and the need for gradual decriminalization applied the facts of this framework.

Theoretical signification: is to develop and present solutions for intellectual property offenses, which, in terms of the author, would be optimal for science and practice of criminal law in this area.

Practical value of the work: The views expressed in the contents nuanced work can be used in scientific work of teaching, law enforcement practice and in the process of adopting rules relating to combating crime in the field of intellectual property. Implementation of scientific results: The achievements of the study have been exposed in various scientific articles, also succesufully debated within multiple scientific conferences, inclusively at International Conference „ Defendance of human rights in european intergration context: theory and practice” (Chisinau, 30-31 October, 2009).