According to Romanian Copyright Law, the copyright protection start from the moment of creation and not from the moment of filing an act of registration with a public institution that, in opposition to everyone, confers the quality of author on a work.
It is presumed to be the author, to the contrary, the person under whose name the work was first brought to the attention of the public.
If another person claims to be the true author, he or she must demonstrate this in a civil suit, in the face of a panel of intellectual property specialists. In Romania, especially in Bucharest, in the courts of law there are specialized intellectual property courts.
Ignoring specialized courts and asking to criminal prosecution bodies for condemnation for non-rightful assuming of the quality of author when there is no document establishing your quality of author, it is abuse of rights.
To ignore the specialized courts and, as a criminal prosecution body, to initiate the criminal prosecution for the non-rightful assumtion of the quality of author when there is no enforceable document against the parties to the dispute determining who has the quality of the author, it looks like abuse in service.
To initiate criminal proceedings against persons who have not been entitled to a fair trial in which to dispute in contradiction and on the basis of evidence the quality of author, it seems to be a violation of free access to justice, the right to defense and the right to a fair trial.
