What are the causes of counterfeiting and piracy in Romania?
The main cause is Romania’s geographical location, which makes it susceptible to the infringing or counterfeit goods. The main hotspots are those with which Romania shares border and are non-EU like Serbia, Ukraine, and Moldova.
Which are the goods that most often face counterfeiting and piracy in Romania?
Counterfeit cigarettes most often face counterfeiting and piracy in Romania.
Does Romania have a well-established framework for the enforcement of Intellectual Property Rights (IPRs)?
Yes
What are the specific laws/orders/rules laid down in Romania for the enforcement of Intellectual Property Rights?
They are as follows:
The Law on Trademarks and Geographical Indications (84/1998), as republished and further modified and amended
The Government Decision 1134/2010 on the Regulations for the Application of the Trademarks Law
The Border Measures Law (344/2005)
The Government Decision 88/2006 on the Regulations for the Application of the Border Measures Law
The Emergency Governmental Ordinance 100/2005 on the Protection of Industrial Property Rights (as further modified and amended)
The Unfair Competition Law (11/1991, as further modified and amended)
The Competition Law (21/1996, as further modified and amended), as republished
The Advertising Law (148/2000, as further modified and amended)
The Misleading and Comparative Advertising Law (158/2008), as republished
The registration and protection of patents in Romania is provided for by the Law No. 64/1991 concerning patents (Patents Law) and the Implementing Regulation of the Patents Law approved through Government Decision No. 547/2008
Romania protects authors' rights under the Law No. 8/1996 (Copyright Law), which provides for protection of both moral and economic rights
The design or model under Law No. 129/1992 (Design Law)
Trade secrets are protected in Romania, especially by Law No. 11/1991 on combating unfair competition
What are the different types of IPRs protected by IPR enforcement in Romania?
Trademarks, copyright, designs, trade secrets, and patents are the different types of IPRs protected by IPR enforcement in Romania.
What are the general IPR enforcement obligations in Romania?
The official and the only language accepted in the Romanian legal system is Romanian. As a consequence, all documents and legal papers should be submitted to the court in Romanian or should be accompanied by certified translations (article 7 of the Criminal Procedure Code of Romania).
What are the essential to-dos before an IP rights holder initiates the enforcement proceedings?
Is there any limitation period for filing an infringement action?
Yes, there is a 03 year limitation period from the time the claimant knew of the damage caused and the person liable for the same.
Which of the following IPR enforcement channels is/are available in Romania?
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
Are civil actions available for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in civil litigation?
Yes
Which of the following types of civil remedies is/are available in Romania?
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
Are there any other civil remedies available in Romania than the ones mentioned above? If yes, then kindly explain in brief.
No
What is the approximate timeline of civil litigation related to IPR enforcement in Romania?
The duration of civil court proceedings for the enforcement of trademark rights varies, depending on the complexity of the case and the behaviour of the alleged infringer. In practice, if all possibilities of appeal are exhausted, it may take around 02 years to obtain a final and binding decision.
What happens if an IP rights holder abuses the enforcement measures in civil litigation?
N/A
Are there any disadvantages of civil litigation in Romania? If yes, then kindly give 2-3 points?
No
Is criminal prosecution available in Romania for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to support his claims of infringement against the opposing party in criminal prosecution?
Yes
Which is the responsible authority in Romania corresponding to the types of criminal remedies available? Also, mention the imprisonment term and the monetary fine.
A) Responsible Authority - They are as follows:
Bucharest Tribunal (Civil and Criminal Section );
The Court of Appeal Alba - Iulia (02 specialized panels);
The Court of Appeal Bucharest (Section no. IX); and
The High Court of Cassation and Justice (Section civil and intellectual propriety).
The first instance for criminal offences on copyright is the tribunal.
B) Imprisonment Term - Trademarks: 03 months to 03 years; Copyright: 03 months to 05years; Patents: 06 months to 02 years
C) Monetary Fine - Trademarks: 50,000 to 150,000 Lei; Copyright: 50,000 to 10 million Lei; Patents: 10,000 to 30,000 Lei
Are there any other criminal remedies available in Romania than the ones mentioned above? If yes, then kindly explain in brief.
No
What happens if an IP rights holder abuses the enforcement measures in criminal prosecution?
Are there any disadvantages of criminal prosecution in Romania? If yes, then kindly give 2-3 points?
No
Are there any alternative dispute resolution mechanisms which allow parties to resolve their dispute out of court?
In Romania, the main ADR method used to settle large commercial disputes is arbitration. Other ADR methods, such as mediation, are also available, but are not frequently used.
Are border control measures (customs) available in Romania for the enforcement of IPRs?
Yes
Is the IP rights holder required to present reasonable evidence to the customs authority/department to support his claims of infringement against the opposing party/importer of counterfeit goods?
Yes
What are the remedies available under border control measures (customs) in Romania?
The remedies available under border control measures (customs) include the destruction of goods.
Who must bear the costs of customs intervention during enforcement?
The applicant must bear the costs of customs intervention during enforcement.
What happens if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs?
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Which are the best practices for enforcement of IPRs in Romania?
Court proceedings
Are there any risks involved in the enforcement of IPRs in Romania? If yes, then kindly give 2-3 points.
There is a strict timeline followed in Romania concerning court proceedings. Failure to abide by the same may have adverse connotations on the party not abiding the directions of the court or timelines stipulated by the law.
