The Legal 500

13 SEPTEMBRIE 121, BL. 127, AP. 21, SECTOR 5, BUCHAREST, ROMANIA
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Work +40 21 411 05 76
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Fax +40 21 781 47 93
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www.andramusatescu.ro
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Dr Andra Musatescu

Tel:
Work +40214110576
Email:
Andra Musatescu Law & Industrial Property Offices

Position

Dr. Andra Musatescu is considered and recognized as “an IP expert of ‘the absolutely highest standard’” (Legal 500), “a fantastic lawyer” (Chambers and Partners), “a true expert at what she does” (WTR1000) and “one of the best external legal counsel to be found anywhere” (WTR1000). Dr. Musatescu, with her extensive legal experience of over 15 years in Romanian legal system, but also with a deep understanding of US and UK legal principles from both her high education and work, has advised and represented major foreign multinational companies and Romanian large entities in relation to all intellectual property rights, among which trademarks, designs, copyrights, know-how etc. Dr. Musatescu’s areas of expertise include, beside intellectual property, unfair competition, competition, tax, energy, mining, oil, gas and international law.

Career

(ii) Articles She has authored a number of articles in relation to trade marks in Romania, participated as a speaker or as Chair-Person in seminars, conferences, table topics etc., among which: Articles and Publications (selection): • Author: “Short views over the notions of distinctive, with reputation and well-known trademarks, Revista Romana de Proprietate Industriala, Oficiul de Stat Pentru Inventii si Marci, No. 3-4, 2011; • Author: “The conflict between Commercial Names and Trade Marks”, Revista Romana de Proprietate Industriala, Oficiul de Stat Pentru Inventii si Marci, No. 2, 2006; • Author: “Importance of brands and avoiding conflicts between them in the light of European Integration”, American Business Net, Summer Edition, 2005; Speaking Engagements and Presentations (selection): • Chair-Person at the Roundtable General View Over the Trademark Legislation: One Year After Its Modification organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks, 02 November 2011; • Chair-Person at the Roundtable “New Challenges in the field: Recent Modifications to the Trademark Law” organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks, 03 November 2010; • Chair-Person at the Roundtable “Problems Which Can Appear in Trademark Protection and Enforcement” organized under the aegis of International Trademark Association (INTA), at the Siqua Hotel, Bucharest, 04 November 2009. • Moderator at the Parallel Imports in Europe – Latest Developments Table Topic held at International Trademark Association (INTA) Annual Meeting in Seattle, 2009; • Chair-Person at the Roundtable “The New Challenge Romania Faces: Community Trade Marks” organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks, Bucharest, 21 November 2008; • Moderator at the Parallel Imports in European Community Table Topic held at International Trademark Association (INTA) Annual Meeting in Chicago, 2007; • Speaker presenting: “The Importance of Trademarks” at the Company Image Promotion organized by the Romanian Electric Company, September 2006; • Trainer: (Chair-Person) at the seminar ‘Intellectual property is private property’ held in Constanta for Judges, Prosecutors and Police on 11-13 May 2004; • Trainer: (Speaker & Chair-Person) at the seminar ‘Intellectual property is private property’ held in Timisoara for Customs and Border Police between 10-11 March 2004; • Speaker at the Intellectual Property Conference organized by the American Embassy and American Chamber of Commerce at Marriott on 3 February 2004; • Speaker presenting: “The Importance of Trade Mark in Free Market Economy” at the Company Image Promotion organized by the Romanian Electric Company, 26-27 June 2002.

Languages

Romanian, Moldavian, English, French.

Member

(iii) Professional Affiliations and Activities Dr. Andra Musatescu is a member of the Romanian and Bucharest Bar Associations and the Romanian Chamber of Industrial Property Attorneys and the International Association for Protection of Intellectual Property – Romanian Group, as Romanian Associations. Ms. Musatescu is currently on the list of Arbitrators and Mediators held by World Intellectual Property Organization (WIPO) and an active member of leadership committees of different international associations, such as International Trademark Association (INTA) Harmonization of Trademark Law and Practice Committee, International Classification Subcommittee (2010 – 2011 committee term), Publication Committee of the European Communities Trademark Association (ECTA) and IT&C Committee of American Chamber of Commerce (AmCham). Andra Musatescu worked also as a member of the Eastern Europe and Central Asia Subcommittee of the INTA Dilution and Well Known Marks Committee for the 2006 – 2007 committee term and in the INTA's Parallel Imports Committee, EU Sub-committee for the 2008-2009 term. During the membership of the INTA Dilution and Well Known Marks Committee she drafted reports on the current legislation of Romania and Moldavia with respect to the well-known trademarks and submitted opinions with respect to a potential change in the legislation relating to well-known trademarks registry. She has also worked on a number of PHARE programs in relation to the harmonization of Romanian laws with the European Community law. She was the Key Local Expert in a PHARE Project on “ Upgrading and Harmonization of Intellectual and Industrial Property Rights, and Strengthening of Implementing Authorities in Charge of Intellectual and Industrial Property Protection” (‘the Project’). Within the Project, Ms. Musatescu trained judges, custom officers and patent attorneys and expressed opinions regarding changes in the Romanian legislation for increasing the level of the harmonization of the Romanian legislation with the EC legislation. She is also mentioned in Marquis Who’s Who in the World and in Who is Who in Romania and is the head of Durham Alumni Association in Romania.

Education

Ms. Musatescu is a Romanian qualified Barrister/Attorney-at-Law (member of Romanian and Bucharest Bar Associations, 1997), Industrial Property Counsel/Attorney – Trademarks, Industrial Designs, Layouts of Integrated Circuits, Patents (member of Romanian Chamber of Industrial Property Counsels, 2001), European Trademark and Design Attorney (2007), Doctor of Laws (Ph.D at Legal Research Institute of Romanian Academy, 2007), Master of Laws (L.L.M. at University of Durham, Law School, U.K. – Chevening Scholarship, 1998), Law Degree (University of Bucharest, Law School, 1996), Certificates (Romanian State Office for Patents and Trade Marks, Industrial Property Law, 2000; University of Cambridge, U.K., English Legal Methods - Soros Scholarship, 1995; New England School of Law, Boston, USA, U.S. Property Law, 1995). The Masters degree obtained from the University of Durham, United Kingdom, specialized Ms. Musatescu in European Community law, with an emphasis on intellectual property and especially on trademarks and her Ph.D thesis had as a topic the impact of trademarks on free movement of goods and competition. Andra Musatescu is now Doctor of Laws, title obtained from the Romanian Academy, Legal Research Institute.

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Legal Developments by:
Andra Musatescu Law & Industrial Property Offices

  • Romania: Trademark inherent and acquired distinctiveness seen by the Romanian courts

    Nutricia International B.V. (‘Nutricia’) , part of the Danone Group, represented by Andra Musatescu Law & Industrial Property Offices , has just obtained a positive decision in an annulment action brought against a local producer of milk and milk products, S.C. Avi Seb Impex SRL (‘Avi’).
    - Andra Musatescu Law & Industrial Property Offi

Legal Developments in Romania

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Romania: Wind of change on the Romanian renewable energy market - part II

    In the Legal Insights edition of 18 March 2013, we presented the potential changes to the Romanian renewable energy scheme, resulting from an unofficial working draft Government Emergency Ordinance (GEO) circulated on the market. This Tuesday (2 April 2013), a draft Government Emergency Ordinance on the amendment of Law no. 220/2008 was officially published on the website of the Ministry of Economy. The public is invited to submit comment within the next 30 days, to the e-mail address dezbateri_publice@minind.ro .
  • Romania: Wind of change on the Romanian renewable energy market

    Romania seems to be one of the most attractive CEE jurisdictions for renewable energy investments, due to the generous support scheme which generated increasing enthusiasm over the past few years. Implemented in 2005, the support scheme for renewable energy (RES) consisting of tradable green certificates (GCs) combined with mandatory acquisition quotas was improved in 2008 and subsequently in 2010, but was only applicable as of mid-2011, upon state aid clearance from the European Commission (EC).
  • How can the Romanian Constitution be revised

    Although its stability over time represents the essence of the Romanian Constitution (the “Constitution”) and of any constitution, such fundamental law within the Romanian legal system should at the same time, at any moment, represent both a frame of reference for the Romanian social, political and economical life and a reflection of such. Given the accelerated changes within the society, in order for the Constitution to be brought in line with the overall social, political and economical evolution and perspectives, a procedure for its revision and also the limitations in what regards the possibility for the Constitution to be revised are established by this fundamental law itself. .
  • Romania: New financial and fiscal legislative amendments

    Government emergency ordinance no. 8/2013 for the amendment and supplementation of Law no. 571/2003 regarding the Fiscal Code and the regulation of certain financial and fiscal measures (published in the Official Gazette no. 54/23.01.2013) enters into force starting from 1 February 2013. GEO 8 introduces a number of important amendments and supplementa-tions in the fiscal legislation. We shall further present some of the amendments related to di-rect taxation, respectively to social insurance.
  • COMMITMENTS PROCEDURE IN ANTITRUST CASES BEFORE THE ROMANIAN COMPETITION COUNCIL

    1. Background The Romanian Competition Law no. 21/1996 (the " Law ") has been adopted and amended on various occasions so that it reflects the evolution of the competition law provisions in the EU. On 6 July 2010 the Law has been substantially amended, introducing among other institutions the commitments procedure for anticompetitive practices. Previously, the commitments were available only in merger cases under the form of remedies. The commitments procedure has been detailed in RCC guidelines issued in December 2010 (the " Guidelines "), which have been amended at the end of year 2012.
  • Romania: Proposed new OTC trading arrange-ments for electricity

    Friday (11 January 2013), the Romanian energy market regulator (ANRE) published on its website for public consultation a proposal for a procedure and regulation on OTC electricity trading (the "Proposal"). ANRE has invited stakeholders to submit their comments by 21 January 2013.
  • VAT challenges in 2012; there’s plenty to come

    If the Romanian taxation system were under any sign, it would surely not have been Libra this year. Hence, the unbalanced practice of abrupt or disputed changes to the tax legislation persisted in disregarding the principles set forth in art. 4 of the Romanian Fiscal Code, whereby (i) the code is to be amended solely based on a law, (ii) the amending law must be advocated for, as a rule, six months prior to its entry into force, and (iii) any amendment to the code will enter into force starting the 1st of January following the year it was adopted.
  • The new 2012 Arbitration Rules of the Court of International Commercial Arbitration Court

    Authors: Luminita Popa, Partner Musat & Asociatii, Iulian Popescu, Partner Musat & Asociatii
  • Termination of Distribution Agreements in Romania

    The absence of a contract regulating the duration and termination of a distribution relationship does not necessarily entitle a party to abruptly terminate the agreement without facing financial exposure to the other party. In particular, a reasonable notice period should be given to allow the other party to adapt its business operations.
  • Guarantees under the New Civil Code

    After the New Civil Code entered into force on October 1, 2011, significant amendments were brought to the legal framework regulating the guarantees’ field, either by effective legislative changes to the existing institutions or by introduction of new types of guarantees. The New Civil Code also changed the terminology in the field (e.g. “mortgage” designates both securities over real estate and movable assets, while “pledge” is now referring only to a security interest with dispossession).