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PROIECT DE DIPLOMA - Final Exam - Copyright

...hree types of rightsthe right of reproduction involves the classic and modern methods. For example authorize photocopies, printed copies, tape recording and copying of the tape recordingsthe right of performance is considered communication of the ork to the public the right of adaptation and translation adaptation is generally understood as a modification of a ork to create another ork, for example adapting a novel to make a motion picture translation means the expression of a ork in a language other than that of the original version.The second Copyright holder may have three types of rightsexclusive rights use the ork as he ishes, prevent others from using it ithout his authorization economic rights economic rights of the type can be transferred or assigned to other oners usually for a sum of money or royalties depending on the proposed usage of the ork moral rights moral rights can never be transferred, they alays remain ith the original author of the ork. c hat is the name of the oldest international convention concerning copyright The oldest international convention concerning copyright is Berne Convention for the Protection of Literary and Artistic orks from September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914, revises at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971, and amended on September 28, 1979. In the contents of the Convention allocate rule about a minimum level of protection, three basic principles principle of independence of protection, principle of a national regime, principle of automatic protection, and special rules about the developing countries. II Related Rights a Describe the three categories of beneficiaries for related rights and give the duration of their rights as given by the Rome Convention and the TRIPs agreement. There are three categories of beneficiaries for related rightsthe rights of performersthe rights of recordingsthe rights of broadcasting. The rights of performers are recognized because their creative intervention is necessary to give life and because they gave a justifiable interest in legal protection of their individual interpretations. The rights of recordings are recognized because their creative, financial and organisational resources are necessary to make recorded sound available to the public in the form of commercial phonograms. The rights of broadcasting organizations are recognized because their role in making orks available to the public, and in light of their justified interest in controlling the transmission and retransmission of their broadcasts. The duration of protection of related rights under the Rome Conventions is 20 years from the end of the calendar year in hich the performance took place, hen performances not included in phonograms the fixation recording is made, in the case of phonograms and performances included in phonograms the broadcast took place. In the mire recent TRIPs Agreement, the rights of performers and producers of phonograms are to be protected for 50 years from the date of the fixation or the performance, and the rights of broadcasting organizations for 20 years from the date of the broadcast. III Trademarks and Geographical Indications a hat are the differences beteen a trademark and a geographical indication A trademark is a sign that an individual trader or company uses to distinguish its on goods or services from the goods or services of competitors. A geographical indication is an expression ith a place-goods. Geographical indication of the goods is understood as a designation, directly or indirectly indicating on a place of the valid origin or manufacturing of the goods. If a trademark is registered by a single holder he is the one ho has exclusive rights for its usage but geographical indication must be available for usage by all the producers in that region. b Describe the to main requirements of a Trademark in order to register it under the terms of the Madrid agreement and explain the process for registration of a trademark and hy registration is advantageous. There are basically to main characteristics features for a trade markit must be distinctive to distinguish the goods and services of one the physical or legal persons from the homogeneous goods and services of other physical or legal persons it should not be deceptive, liable to mislead, or if it breaks the public order or morels. Before the international registration the trademark should be registered at a national level. The international registration give the possibility to register the trademark in the countries here as acceded Madrid agreement. Every application for international registration must be presented on the form. The applicant must indicate the goods or services in respect of hich protection of the mark is claimed and also, if possible, the corresponding class or classes according to the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Registration of Marks. The international Bureau shall register immediately the marks. The registration shall bear the date of the application for international registration in the country of origin, provided that the application has been received by the International Bureau ithin a period of to months from that date. If the application has not been received ithin that period, the International Bureau shall record it as at the date on hich it received the said application. The international Bureau shall notify such registration ithout delay to the countries that have been designated, hich ith then have the possibility of refusing protection. They ould normally examine it as though it ere an application filed ith them direct and apply their normal national criteria accordingly. Hoever, protection may not be refused, even partially, by reason only that national legislation ould not permit registration except in a limited number of classes or for a limited number of goods or services. Registered marks shall be published in a periodical journal issues by the International Bureau, on the basis of the particulars contained in the application for registration. So e can see that such an easy system of trademarks registration may lead to the reduction of money expenses and it can save time for the registration of trademarks in different countries.c hat are the main methods mentioned that a company might use to protect its investment in a trademark The most common ay of protecting a trademark is to have it registered in the Trademark Register in all of the countries it has been registered that you ould ish to use it in. Though registration is not the only ay of protecting a trademark can be protected after long use and a good reputation. It is possible to require the protection conferred by the las on unfair ...
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