Discuţii privind conceptul de operă (de creaţie intelectuală) şi condiţiile de fond pentru protecţia ei juridică

dr. TEODOR BODOAŞCĂ*

* e-mail: bodoasca_teodor@yahoo.com

Prof. univ. - Facultatea de Drept, Universitatea "Dimitrie Cantemir", Târgu-Mureş

ABSTRACT

By a thorough critical study of the provisions of the Law No 8/1996 on copyright and neighbouring rights, the author notes that this Law does not provide an explicit definition of the notion of "work" (of intellectual creation).

That being so, in this study, after a legal and linguistic analysis, the author gives in advance his own and complete definition of the notion of "work" (of intellectual creation).

The following are further examined: the categories of intellectual creations which do not constitute, however, "works" within the meaning of the Law No 8/1996 and, finally, the substantive conditions for the legal protection of "work" (of intellectual creation), concluding that, under the mentioned aspects, it is required the...