Protection of Authors' Non-patrimonial Rights. Interferences and Intersections between Provisions in the Civil Code and Provisions of Special Laws

摘要

This paper attempts to put in perspective the Romanian legislator's choice to provide, in the recently enacted New Civil Code, for the protection of some of the authors' rights. Although laudable, this choice appears to be more a result of the inclusion, albeit in a modernized form, of the 1954 Decree concerning natural and moral persons than the result of careful analysis of the interferences such inclusion might have with the special laws regulating specific intellectual property regimes. We argue that, besides creating confusion and unnecessarily doubling the legal provisions already in existence, this choice comes to further blur the distinctions between the domain of civil law and the domain of intellectual property rights.