• (230) 4278861, 4260399

Enforcement of IPRs in Romania


Enforcement of IPRs
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.
Counterfeit cigarettes most often face counterfeiting and piracy in Romania.
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
Trademarks, copyright, designs, trade secrets, and patents are the different types of IPRs protected by IPR enforcement 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).
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.
A) Government Authorities - Yes
B) Police Officials - Yes
C) Judiciary - Yes
D) Customs - Yes
A) Injunctions - Yes
B) Monetary Compensation - Yes
C) Raids - Yes
D) Seizures - Yes
E) Destruction - Yes
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.
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
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.
The remedies available under border control measures (customs) include the destruction of goods.
The applicant must bear the costs of customs intervention during enforcement.
The goods may be released for commercial access if an IP rights holder abuses the enforcement measures in Custom Recordal of IPRs.
Court proceedings
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.