Originalumo kriterijaus problematika Europos Sąjungos teisėje ; Problems Related Originality Criterion in European Union Law
The European Parliament have adopted three Directives in order to harmonize the in-tellectual property law of Member States: Directive on the legal protection of computer programs (91/250 / EEC), Directive on the legal protection of databases (96/9/EB), Directive on the term of protection of copyright and certain related rights (2006/116 / EC). More precisely, to harmonize the application and interpretation of criterion of originality. The level of harmonization that these Direc-tives aimed for has not been achieved. The Court of Justice of the European Union has aimed to clarifie the criterion of originality. It has done so by providing preliminary ruling in these cases: In-fopaq, Bezpečnostní softwarová asociace, Premier League, Painer, Football Dataco, World Pro-gramming. The intent was to achieve level of harmonization Directives have failed to achieve. The aim of this thesis is to determine whether set level of harmonization has been reached and to identify the most common problems associated with the application and interpretation of said criterion. This thesis analyses and provides doctrinal and European Union definitions of the originality criterion. Thesis reveals level of harmonization of the originality criterion has not reached set goal in Lithuania. This has been concluded by analysing rulings of the Supreme Court of Lithuania. This work also identifies most common problems associated with the application and interpretation of the originality criterion by analysing rulings of English Courts. Rulings of England's courts were selected because of the stark difference of originality criterion interpretation between this Member State and European Union. This thesis aims to provide suggestions related to raising the level of har-monization in members states.