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

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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