Copyright protection is the most handy form of protection because, at a basic level, it involves the simple creation of the work and the author means of proving the ownership of the work. Paradoxically, when it comes the enforcement of the copyright, the issues raised in practice are rather sophisticated and complex since almost every time, the originality of the work is challenged.
COPYRIGHT
We, at Milcev Burbea own an extensive practice of understanding and interpretation of the conditions that a work must accomplish in order to benefit of an efficient enforcement. We also analyse and develop strategies proposing to our clients the most efficient means of preserving copyright proofs, and, depending on jurisdiction, the most suitable formal protections
OUR SERVICES
Recent examples of the services we provide in this area relate to:
Advising clients on any type of infringement of moral and patrimonial rights
Representing clients in relation with counterfeiting and piracy
Negotiation and assistance in connection with assignment, distribution, publishing, theatrical representation, musical execution, and rental agreements
Assistance regarding the neighboring rights of the copyright, especially for cinematographic and other audio-visual works
Assistance regarding the protection of computer software
Protection of different type of works with the competent local (ORDA) or international authorities
Our lawyers are able to handle any aspect related to copyright protection.
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Successful Cases
RECENT PROJECTS
Assisted a client from real estate industry in the copyright protection over their works which were included without authorization by an important real estate developer in Romania in its project presentation. The matter concerned the copyright over an architectural rendering. We are currently in a negotiation process with the third parties
Representing a client from the software industry in preventing the infringement of the copyright over the graphic interface of a software application with applicability in the job management sector. To this end, we have provided a legal opinion on the protection graphic interfaces through copyright as well as notified the adverse party for the cease of unauthorized use
Representing a natural person in establishing a strategy for a better protection of his intellectual property rights over a highly specialized and targeted software program. We registered the software in front of the Romanian Copyright Office and in parallel we are currently representing the client in matters concerning the infringement of his copyright by third parties
Assisting one of our international clients from the beverage industry in a conflict around the incidence of copyright over a bottle, the VODAVODA water, which incorporates a very special design and thus this epical form of protection. We are currently representing the Client in 2 litigation, 8 national oppositions, 6 European proceedings in front of EUIPO in the infringement of the Clients copyright
Representing a natural person in his capacity of software development before the Bucharest Tribunal in a case involving the infringement of the source code and other components created within a project for the creation of a hardware assistant for children
Representing a distinguished Romanian publication in a civil court action regarding the infringement of the newspaper layout
Advising a Romanian software producer in connection with the negotiation and structuring of various copyright assignment contracts and also in connection with the software licensing and registration
Representing a well-known Romanian professor and researcher in a copyright infringement action
Advising a Chinese design producer in the procedure of registering with the Romanian competent authorities of copyright for language and art