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Custom Recordal of IPRs in Romania


Custom Recordal of IPRs
Yes, where notifications are based on the suspicions of Customs and no intervention request has been filed, the rights holder has 03 working days to file such a request in response to the notification.
They laws are as follows:
  • The EU Regulation 608/2013 (concerning customs enforcement of IP rights);
  • The EU IP Rights Enforcement Directive (2004/48/EC);
  • The EU Regulation 2015/2424; and
  • The EU Directive 2015/2436 (to approximate the laws of member states relating to trademarks).
Custom Recordal of IPRs is effective both on the import and export of goods.
The customs authorities are at a constant lookout for infringing goods. The customs on finding or suspecting infringing goods are responsible for their detention and also for further communications in such regard to the rights holder and the infringer.
The customs officers also send the minutes concluded between them and the warehousing firms to the rights holders. These minutes include the costs for warehousing and the monetary value of the goods as declared by the counterfeiter.
The rights holder or his representative must lodge in writing an application to the General Customs Directorate, mentioning the status of his IP right and requesting the suspension of customs clearance and the detaining of the infringing goods.
The application must contain information concerning the applicant, power of attorney, number and date of the OSIM certificate, detailed information regarding the identification of the genuine goods, including photos or samples, the place of manufacture and identification of the authorized importer respectively exporter, and the following information regarding the suspect goods:
Description, photos or other graphic representation, samples if possible, countries of origin and/or place of export, identification of the person involved in the importation or exportation, if possible, the customs office, where it is anticipated that the suspect goods will be presented, and the anticipated date of presentation of the suspect goods to the customs.
Within 10 days from the registration of the application, the Directorate will notify the applicant the acceptance or the need for additional documents or supplementary information.
If the application is rejected, the reasoned decision may be appealed to the competent legal authority (according to the new law on jurisdiction this should be the Bucharest Municipality Court). In case of acceptance and based on proof of payment of the equivalent of 100 Euro, the application becomes effective.
Yes, it is a centralized system.
There is no official fee.
The application is valid for 01 year and may be renewed further for another year before the termination of the earlier period.
Based on the effective application, the authority suspends the customs clearance and retains the goods that are infringing the intellectual property rights. The measure is notified to the applicant and to the person making the customs declaration.
The applicant bears the liabilities and expenses related to suspension of the release of infringing goods.
The IP rights holder needs to confirm whether the goods are counterfeit or original after suspension within 10 days.
10 days (may be extendable by another 10 days, if authorized by the Directorate).
Before suspending the release of or detaining the goods, the customs authorities may ask the holder of the decision to provide them with any relevant information concerning the goods. The customs authorities may also provide the holder of the decision with information about the actual or estimated quantity of goods, their actual or presumed nature, and images thereof, as appropriate.
The customs authorities shall notify the declarant or the holder of the goods of the suspension of the release of the goods or the detention of the goods within 01 working day of that suspension or detention. Where the customs authorities opt to notify the holder of the goods and two or more persons are considered to be the holder of the goods, the customs authorities shall not be obliged to notify more than one of those persons.
If the importer does not respond to the request or objects to the destruction, the consignment will be released, unless the trademark owner brings civil proceedings within 10 days.
It may not be needed if both parties, i.e., the infringer (importer) and the rights holder, agree that the goods are infringing in nature.
Other documents as may be demanded by the court may be needed.
The possible remedies awarded by the court include penalties and damages, including the legal cost (approx. with a fine from 30.000.000 lei to 50.000.000 lei), and destruction of goods.