Criminal Protection Regarding the Copyright of Computer Programs - European and National Legislation -

Author:George Dimofte, Ionica Bolea
Position:Police Inspectorate of Galati County, Police Investigation of Fraud - Police Inspectorate of Galati County, Police Investigation of Fraud
Pages:361-367
SUMMARY

Any harmonization of copyright and related rights must be based on a high level of protection since these rights are crucial to intellectual creation. Their protection helps to maintain and develop creativity in the interests of authors, performers, producers, consumers, culture, industry and general public. Consequently, intellectual property has been recognized as an integral part of the... (see full summary)

 
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Criminal Protection Regarding the Copyright of Computer Programs
- European and National Legislation -
George DIMOFTE1, Ionica BOLEA2
1 Police Inspectorate of Galati County, Police Investigation of Fraud
2 Police Inspectorate of Galati County, Police Investigation of Fraud
Abstract: Any harmonization of copyright and r elated rights must be based on a high level
of protection since these rights are crucial to intellectual creation. Their protection helps to
maintain and develop creativity in the interests of authors, performers, producers, consumers,
culture, industry and general public. Consequently, intellectual property has been recognized
as an integral part of the property. A rigorous and effective system of protection of copyright
and related rights is one of the main instr uments that guarantee the production and creativity
of European c ultural resources necessary to obtain and maintain autonomy and di gnity of
creators and performers. A joint research and a consistent implementation at European level of
technical measures for the protection of works or other subject-matter and to provide
necessary information on rights to be essential, since the ultimate goal of these measures is to
implement the principles and guarantees prescribed by law.
Kewyords: Unauthorized reproduction, pirate goods, software piracy.
Creating computer programs involves the use of considerable human, technical and financial resources
while the possibility of copying at a much lower cost than that which it assumes a self-conception.
Computer programs play an increasingly important part in many industries and technology can be
considered as being of fundamental importance for industrial development of the European
Community. Certain differences that characterize the legal protection of computer programs under the
laws of Member States have direct negative effects on the functioning of the common market as regards
computer programs such differences risking to stress as Member St ates adopt new legal rules in this
area.
Among the most significant regulations on the protection of copyright of computer program and the
right sui - generis of the holder of databases we should consider the following:
Council Directive of 14 May 1991 on the legal protection of computer programs
(91/250/CEE).
Council Directive 93/98/EEC of 29 October 1993 regarding the harmonization of the
duration of the copyright protection and certain related rights.
Directive 2001/29/EC of 22 May 2001 of the European Parliament and Council
regarding the harmonization of certain aspects of copyright and related rights in the
information society.
European Council Directive no. 91/250/EEC of 14 May 1991 on the legal protection of computer
programs has shown that computer programs have a fundamental importance for the industrial
development and therefore must be protected through a harmonized legal framework for all Member
States and by Directive 93/98/EEC of 29 October 1993 they have laid the foundations for
harmonization of terminology used in the field of copyright and related rights.
According to European Council Directive no. 91/250/EEC regarding the legal protection of the
computer programs1 , Member States shall protect computer programs by copyright as literary works
within the meaning of the Berne Convention on the Protection of Literary and Artistic Works. The term
"computer program" shall include their preparatory design material. Protection under this Directive
shall apply to any forms of expression of a computer program. The ideas and principles which are the
1 Vezi Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs
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