Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
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Romania has not yet acquired practical experience in terms of private
antitrust litigation, although recent legislative developments (amendment
of the Competition Law No. 21/1996 by the Government
Emergency Ordinance No. 75/2010 in July 2010 and by the Law
No. 149/2011 in July 2011, together with the new Civil Procedure
Code, expected to come into force soon) support private actions for
damages.
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Under what legislation are intellectual property rights granted? Are
there restrictions on how IP rights may be exercised, licensed or
transferred? Do the rights exceed the minimum required by the WTO
Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPs)?
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Specialist IP panels have been created in Bucharest and have developed solid case law, as they have exclusive
jurisdiction over all trademark cancellation and revocation cases. Choosing the right forum can therefore
be crucial.
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While protection for well-known marks is in place, there are some contradictions in the treatment of fame
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Author: Alina Popescu, Partner Musat & Asociatii
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The European Court of Justice („ECJ”) has ruled on the case Klub OOD (C-153/11).
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Government Emergency Ordinance 2/2012 amending and supplementing the Company Law 31/1990 was published in Official Gazette 143/2012
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Order 247/2012 regarding the procedure for the application of article 52 of the Fiscal Code was published in Official Gazette 129/2012
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Government Decision 50/2012 amending and completing the Methodological Norms for the application of the Fiscal Code was published in Official Gazette 78/2012
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Government Ordinance 2/2012 amending and completing the Fiscal Procedure Code was published in Official Gazette 71/2012