MPR Partners > Bucharest, Romania > Firm Profile

MPR Partners > Firm Profile

The firm: MPR Partners was founded in 2013 by leading lawyers as a full-service firm and has quickly grown to an impressive portfolio of both landmark work and major clients, including major international corporations, public authorities and sound international organisations.

In 2014, the firm began acting as leading counsel in cross-border projects, extended its practice to tax advisory and insolvency and restructuring services and has developed a specialised multidisciplinary team to swiftly handle the growing number of white-collar crime cases.

In 2015, the firm became the exclusive Romanian member of the International Business Law Consortium, a global alliance of independent business law firms which was founded in 1996 by the Center for International Legal Studies (a reputed law research, training, and teaching institute, founded in Austria in 1976) and was repeatedly top ranked by Chambers & Partners.

By 2016 the firm had been acknowledged as a leading law firm and its founding partners had been noted as leading lawyers by many significant international legal directories and publications, including Best Lawyers International, Chambers & Partners, IFLR 1000, The Legal 500, The Lawyer, and others.

In 2017 the firm was designated Law Firm of the Year: during The Lawyer European Awards in London and was awarded by the leading Romanian business and financial newspaper for major M&A transactions completed.

In 2018 the firm was Highly regarded for European Law firm of the year and winner of the Law firm of the year Eastern Europe and the Balkans Award during The Lawyer European Awards in London, whilst several of the firm’s major cross border M&A transactions were noted by various business publications.

2019 was an important year as it the firm was re-branded in order for its name to acknowledge the contribution and efforts of all of its partners. Several of the firm’s major M&A transactions were awarded and, as in previous years, firm’s core departments were ranked in top international directories.

2020 brought massive technology related activities for the firm and a considerable enhancement of its online presence, as it created and launched three separate specialized blogs (for employment, technology and competition matters) and a Romanian Legal Updates portal, containing valuable information released by the firm. Furthermore, in order to provide faster and even more cost efficient services, MPR Partners started using the AI Luminance.

MPR Partners owes its rapid development to several key features, such as flexible and user-friendly services of the firm coupled with an outstanding quality of service (as openly acknowledged by clients), its multidisciplinary approach and international reach, which enables it to handle the most complex projects, be they local or international.

Areas of practice: MPR Partners offers the full range of legal services for businesses and public administrations as well as specialised tax advisory and insolvency and restructuring services. The firm’s key areas of practice include:

Banking and finance: specialised team covering all ranges of work in the field.

Corporate, commercial and M&A: MPR Partners is commended by clients as a ‘go-to firm for M&A deals’, having been recently involved in several important European/global deals.

Competition: the firm’s practice garnered outstanding recognition from clients, who commended MPR Partners as ‘the best (…) from over 20 law firms in the past 15 years’.

Dispute resolution (litigation, arbitration and ADR): internationally ranked practice area, with an over 80% rate of success in disputes.

Employment: advisory and litigation work for corporations in day-to-day and one-off complex projects.

Energy and natural resources: reputed practice, having yielded The Best Lawyers’ Energy Law Lawyer of the Year in 2015.

Healthcare and pharma: major regulatory and transactional work for important players.

Insolvency and restructuring: highly ranked practice area, having shaped the court practice in the field.

IT and telecommunications: major regulatory and transactional work for important players.

Real estate and construction, PPP and infrastructure projects: the firm’s practice is appreciated by major international directories.

Tax: qualified tax advisers on board covering all relevant aspects.

Press Releases

ROMANIA – TRADE REGISTRY AND COMPANIES LAW UPDATES

19th August 2022

1. Overview

On July 26, 2022, Law no. 265/2022 regarding the Trade Registry and for amending and supplementing certain legal enactments impacting the registration in the Trade Registry has been published in the Official Gazette of Romania (“Law 265/2022”).

ROMANIA – NEW LEGISLATION ON REPRESENTATIVE OFFICES

15th August 2022

1. Overview

On August 4, 2022, Ordinance no. 18/2022 on the authorization and functioning of representative offices of foreign companies and economic organizations in Romania (“GO 18/2022”) adopted by the Romanian Government has been published in the Official Gazette.

Save the date: Independent EU law firm opens its first UK office

12th May 2021 We are delighted to announce that MPR Partners, a multidisciplinary law firm with a focus on commercial law and a strong presence in the CEE, is finalising the process for the opening of its first London office in the City.

A new round of promotions at MPR Partners

25th November 2020 This fall, three longstanding attorneys of the firm, namely Daniel Alexie, Anca Băițan and Diana Borcean, stepped up in the MPR Partners hierarchy.

MPR Partners assisted J. Christof E&P Services S.R.L owned by Christof Industries Global in the cross-border notification of an economic concentration concerning outsourced services in Romania and Serbia

19th November 2020 MPR Partners | Maravela, Popescu & Asociații assisted J. Christof E&P Services S.R.L. and Christof Private Firefighting Services S.R.L. with  the notification to Romanian and Serbian competition authorities of the economic concentration arisen from the externalization by OMV Petrom S.A. of several operations and general surface services, ancillary to extraction and production of petroleum as well as natural gas, together with the relevant assets and dedicated staff.

MPR Partners assists Interparking in acquiring the Bucur Obor Parking

14th October 2020 MPR Partners | Maravela, Popescu & Asociații was retained to provide legal assistance to the Belgian group Interparking in the acquisition of a parking in Bucharest, in the context of the client’s business expansion in Romania.

MPR Partners’ technology-packed year

24th September 2020 MPR Partners has made important steps, technology wise.

MPR Partners

20th August 2020 MPR Partners announces the cessation of the professional partnership with the attorney Ioan Roman, as well as the consequent change of the firm´s name and logo.

MPR Partners expands its team

20th August 2020 Besides a richer client portfolio and an increase of the mandates number, this first half of the year added new valuable members to MPR Partners' team.

Maravela, Popescu & Roman in Ziarul Financiar’s Top Law Firms Table

8th August 2019 Maravela, Popescu & Roman is listed amongst the top business law firms within the ranking tables of “Economy’s biggest players” Guide, edited by Ziarul Financiar, the most important business and financial newspaper in Romania. The list contains reputed names within the legal landscape, detailing the size of the team and significant recent transactions. The Guide contains numerous insights, articles and ranking tables regarding various sectors of the economy in Romania. The online version of the “Economy’s biggest players” Guide is available at http://edition.pagesuite.com/html5/reader/production/default.aspx?pubname=&edid=59298923-516a-4cd2-9689-49d58fc42bd4

Maravela, Popescu & Roman – 1st place on the ranking of the Romanian Ministry of Public Finance

8th August 2019

The MPR Partners | Maravela, Popescu & Roman and Squire Patton Boggs LLP consortium was ranked first in the selection process carried out by the Romanian Ministry of Public Finance in order to contract assistance and representation in international investment arbitration performed according to UNCITRAL provisions.

MPR Partners | Maravela, Popescu & Roman assists Air France-KLM

9th July 2019 MPR Partners | Maravela, Popescu & Roman has been retained to provide legal assistance to the major European airlines Air France and KLM within the Romanian jurisdiction.

MPR Partners assisted Trico in the acquisition of wiper systems business from Federal Mogul

5th June 2019

MPR Partners | Maravela, Popescu & Roman has assisted the global wiper blade manufacturer Trico in the acquisition of the worldwide wiper and wiper systems business of Federal-Mogul Motorparts.

Anniversary rebranding: Maravela|Asociații becomes MPR Partners | Maravela, Popescu & Roman

16th May 2019 Celebrating 5 years since its establishment by highly experienced business lawyers, Maravela|Asociații is undergoing a rebranding process that includes a name change to MPR Partners | Maravela, Popescu & Roman and a new logo.

New international recognition for Maravela|Asociații’s dispute resolution practice

15th March 2019

The year 2019 brought important achievements for Maravela|Asociații’s practice, following intense activity of the team, which has been acknowledged by international directories and repeatedly appreciated by firm’s clients.

Maravela|Asociații extends its team

8th February 2019

Maravela|Asociații started 2019 with a consolidated consultancy team, following recent recruitment and internal promotion of several existing team members.

Thus, in alphabetical order, Raluca Ciocârlan, Roxana Neacșu and Flavia Ștefura joined the firm’s consultancy team.

The Romanian Competition Council has authorised the takeover of Oltchim’s assets

22nd November 2018

Maravela|Asociaţii assisted CEE chemicals producer Chimcomplex in the merger review procedure whereby the Romanian Competition Council has authorised the takeover of Oltchim’s assets.

Maravela|Asociații, counsels in another life sciences cross-border M&A transaction

5th November 2018

Maravela|Asociații assisted Precision for Medicine, part of Precision Medicine Group, in connection with the Romanian law aspects of its multimillion EUR value cross-border acquisition of Argint International.

Precision for Medicine supports life sciences companies in the use of biomarkers essential to targeting patients more precisely and effectively. With more than 1,450 employees in 25 locations in the US, Canada, and Europe, Precision Medicine Group activates in fields from advanced lab sciences to translational informatics and clinical trial delivery.

Maravela|Asociaţii awarded anew by Ziarul Financiar

8th October 2018

For the second year in a row, Maravela|Asociații was awarded by Ziarul Financiar, the local leading financial and business publication, during The Lawyers’ Gala, event that recognized the law firms involved in the largest transactions of 2017 and the first part of 2018.

Maravela|Asociații assisted Nordic Petfood in its sale to United Petfood

5th September 2018

Maravela|Asociații assisted a major shareholder of Nordic Petfood, the leading local producer of petfood, in the process of selling the entire business to United Petfood. The share purchase agreement was signed mid August.

Legal Developments

IMPLEMENTATION OF THE SALE OF GOODS DIRECTIVE IN EU MEMBER STATES

14th March 2022

Background

In follow-up to our recent article[1] on the novelties brought by the Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (the “Directive”) and its transposition into Romanian law, we will shortly review below the implementation specifics of the Directive in selected European Union member states.

NEW TAX ALLEVIATION MEASURES UNDER THE PANDEMIC

1st October 2021 The pandemic context and its economic implications prompted in 2020 and 2021 several legislative measures to alleviate fiscal burden both through tax facilities, such as amnesties or regulation of new cases and conditions for debt rescheduling, and through amendments concerning deductibility for tax purposes. This type of measures fall under the scope of the newly enacted Government ordinances nos. 8 and 11, published on August 31, 2021 in the Romanian Official Gazette.

THE ROMANIAN CORPORATE INCOME TAX GROUPING – NOW UP AND RUNNING

27th August 2021 Starting this August, the fiscal unity system concerning the corporate income tax becomes functional in Romania, further to the enactment of the procedure for the implementation and management of such system through Order no. 1191 issued on August 6, 2021 by the National Agency for Fiscal Administration.

THE EU COMMISSION PRESENTS NEXT STEPS IN THE SETTING UP OF THE JOINT CYBER UNIT

13th July 2021

Background of the proposed changes

The COVID-19 pandemic has boosted digitalization and digital interaction at all levels of European society. Along with increased interconnectivity, however, came greater vulnerabilities and threats from a cybersecurity perspective.

GREEN LIGHT FOR DEVELOPERS OF GREEN POWER GENERATION CAPACITIES

28th June 2021 With a view to eliminate barriers to new investments in renewable power generation capacities, the Romanian Energy Regulatory Authority (“ANRE”) has recently amended the Regulation for the connection of the users to the public interest grid (the “Connection Regulation”) for eliminating a highly debated requirement of the grid connection process. The change was made through Order no. 41/2021 for the amendment of the Connection Regulation which was published in the Official Gazette of Romania on June 23, 2021 (the “Order no. 41/2021”).

THE CJEU DELIVERS ITS JUDGEMENT IN CASE-392/19 ADDING TO THE JURISPRUDENCE ON WEB LINKING

18th May 2021

Introduction

On September 10, 2020, Advocate General Maciej Szpunar delivered his Opinion in Case C‑392/19 VG Bild-Kunst v Stiftung Preußischer Kulturbesitz, where a request for a preliminary ruling was lodged with the Court of Justice of the European Union (“CJEU” / “Court”) on May 21, 2019. In one of our previous articles^[1], we have analysed the opinion of the Advocate General Maciej Szpunar, mentioning that it will be interesting to see whether the CJEU will follow the reasoning of the Advocate General or whether it will stay faithful to the principles already established in its previous jurisprudence.

NEW CHANGES IMPACTING THE LEASING LEGISLATION

18th May 2021

Background

Law no. 83/2021 amending and supplementing Government Ordinance no. 51/1997 on the leasing operations and the leasing companies (“GO no. 51/1997”) was published on April 16, 2021 in the Official Gazette no. 401, Part I (“Law no. 83/2021”). Importantly, the provisions of Law no. 83/2021 may only be applied for leasing agreements concluded after its entry into force.

THE CYBERSECURITY COMPETENCE CENTRE STARTS TO TAKE SHAPE REGULATION ADOPTED BY THE COUNCIL OF THE EU

7th May 2021

Introduction

In the recent years, cybersecurity has become one of the crucial areas that the European Union (“EU”) decided to invest in to get fit for the digital era. In order to acquire leadership and autonomy in this field, the EU takes steps to develop competencies, capacities and capabilities.

MEASURES TAKEN BY ROMANIA – THE STATE OF ALERT AMID THE COVID-19 PANDEMIC

22nd April 2021

INTRODUCTION

Romania has entered a state of alert as of May 18, 2020, in order to contain the spread of and fight against the effects of the severe acute respiratory syndrome coronavirus 2, known as SARS-CoV-2. The state of alert has been maintained until present.

The Romanian draft law on 5G technology under strong criticism from both public authorities and private stakeholders

14th April 2021 The Draft law on the adoption of certain measures concerning informatic and communications infrastructures of national interest and the conditions for deployment of 5G networks (the “5G Draft Law”)[1] initiated by the former Ministry of Transportation, Infrastructure and Communications (“MTIC”)[2] has undergone a new series of examinations from the relevant public authorities as part of the legislative procedure.

RECOGNIZING COPYRIGHT PROTECTION OF FICTIONAL CHARACTERS IN ROMANIA

16th March 2021

1. Introduction

Before the advent of cinematography, fictional characters were portrayed in literature and the traditional visual arts, such as painting and sculpture.

ADDITIONAL AMENDMENTS TO THE ROMANIAN FISCAL CODE

10th March 2021

1. Introduction

The beginning of 2021 seems to be under the auspices of numerous amendments incurred to the Law no. 227/2015 regarding the fiscal code (the “Fiscal Code”).

NEW REGULATION FOR THE AUTHORIZATION OF CREDIT INSTITUTIONS – AMENDMENTS APPROVAL AND NOTIFICATION

17th February 2021

1. Introduction

In follow-up to our summary regarding the preliminary evaluation for the banks’ authorisation, as detailed in Regulation no. 12/2020 on the authorization of credit institutions and amendments pertaining to the same (“Regulation 12/2020”), and our summary regarding the information and documentation to be submitted by a bank in order to obtain authorisation from the National Bank of Romania (the “NBR”), we will highlight below the main amendments regarding banks that need to be approved by and registered by the NBR once the bank is authorised.

EUROPEAN UNION’S NEW CYBERSECURITY STRATEGY

8th February 2021

1. Background

Cybersecurity is at the forefront of the European Union (“EU”)’s efforts to build a resilient, green and digital Europe. In this respect, on December 16, 2020, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented the European Union’s new Cybersecurity Strategy for the Digital Decade[1] (the “EU Cybersecurity Strategy”).

NEW REGULATION FOR THE AUTHORIZATION OF CREDIT INSTITUTIONS – BANKS’ AUTHORIZATION PROCEDURE

3rd February 2021

1. Introduction

In follow-up to our summary regarding the preliminary evaluation for the banks’ authorisation, as detailed in Regulation no. 12/2020 on the authorization of credit institutions and amendments pertaining to the same (“Regulation 12/2020”), we will shortly review below the information and documentation to be submitted by a bank in order to obtain authorisation from the National Bank of Romania (the “NBR”).

NEW REGULATION FOR THE AUTHORIZATION OF CREDIT INSTITUTIONS – PRELIMINARY REQUIREMENTS FOR AUTHORIZATION

27th January 2021

1. Introduction

Regulation no. 12 of December 18, 2020 on the authorization of credit institutions and amendments pertaining to the same (the “Regulation 12/2020”) issued by the National Bank of Romania (the “NBR”) was published in the Official Gazette no. 1291 as of December 2020 and is applicable starting with the same date.

ROMANIA: COPYRIGHT PERSPECTIVE – LEGAL NATURE OF VIDEO GAMES

25th January 2021 IntroductionVideo games are a form of modern art and certainly number among the most recent forms of creative arts[1]. The major difference between video games and traditional art is the active, rather than passive, participation of the recipient of the art in the process of its delivery.With over 100 active development studios, the gaming industry in Romania employs more than 6,000 people and generates revenues of over 200 million dollars[2].However, video games lack a dedicated legal framework in Romania. And even though video games are intellectual-property intensive products, their legal status is unclear, not only in Romania, but also elsewhere in the world.Technical aspects of creating a video gameIn order to better understand the legal issues concerning video games, the sections below briefly delve into some technical aspects of the creation of this kind of works.While the first video game was essentially created by a single person, modern video games are created by entire teams. In the early days of video game creation, software coding held center-stage. Nowadays, the main role reverts to content creators (like game designers and artists), who are supported by the development team[3]. However, in order for a game to run, programming remains crucial.Game programming has three focus areas: the game code, the game engine and the specific tools.The game code encompasses all the programming related to the game itself (for example, how characters in the game behave, how the camera moves etc.).The game engine represents all the code that is not game specific, but is used to support the game[4]. The game engine is used as an interface between the hardware and the game code. The game engine allows the game to run on different platforms (e.g., personal computer, console, mobile device). Game engines are comprised of sub-engines that coordinate input (from the external devices such as mice, joysticks, keyboards), graphics (generating animated two-dimensional or three-dimensional graphics), sound, physics (simulating in-game laws of physics), artificial intelligence, networking.Tools are specialized parts of code that help with content creation. For example, specific tools are used for automating repetitive tasks, edit images and video etc.While the game code is specific to each game, game engines and tools may be used in the development of many video games, given that writing game engines and tools from zero, while not impossible, is a lengthy and costly endeavour.However, video games sell because of their look and feel, which is achieved with the help of images, video and audio content. Often, modern video game development teams employ talent from actors and musicians and use voice and likeness of those actors and musicians in their games.Creating video gamesVideo game production has developed to become a vast and complex industry. Modern video games are mainly produced by large teams, sometimes over 300 people, who work on projects for long periods of time. Financing the development of a modern video game ranges from 1-2 million dollars for games created for handheld devices to over 50 million dollars for some console titles[5].Most video games are produced by companies employing (in-house of third-party) project managers referred to as producers.Before materializing as a finished product, a game goes through the following phases: concept, pre-production, production, post-production and after-market[6]. In the concept phase, the main concept of the game is put in writing and agreed upon. In pre-production, the team is assembled and planning of the game is laid out in more detail. During production the game is created, and in post-production bugs are fixed.Video game creation brings together a plethora of stakeholders, from software engineers, designers and graphic artists to voice actors and models. However, the two most important roles are that of the game developer (the artistic brain behind the game) and the publisher (the commercial side of video game development).The game developer provides the technical coding of the game, but also the look and feel of the game (for example, how levels are created, how characters behave etc.). Some game developers offer the full range of development services, including coding, motion capture, art, animation, others only some of these.Publishers take the game to the market, being responsible for everything from managing the game development process to and financing the game to intellectual property, regulatory and consumer protection issues. Often, publishers are holders of intellectual property such as popular literature or movies, who wish to expand into the video game environment.The legal nature of video gamesFrom a legal standpoint, it is easy to determine that video games are protected by intellectual property rights. Not surprisingly, video games encompass not one, but many forms of intellectual property rights, if not all of them together.For example, the software in the game engine and tools is subject to copyright, and so are the musical compositions, sound recordings, voice recordings, sound effects, images (still or moving), animations, text, etc. The title of the video game, certain logos or catch-phrases can be (and usually are) registered as trade marks. Sensitive information, such as customer lists, are subject to trade secrets. And under certain conditions, an innovation brought by a game may be patentable.However, one of the difficult questions regarding video games regards copyright protection, namely, whether video games may be protected as computer programs or as audiovisual works.In 2013, the World Intellectual Property Organisation conducted a study[7] on the matter, collecting information from Agrentina, Belgium, Brazil, Canada, China, Denmark, Egypt, France, Germany, India, Israel, Italy, Japan, Kenya, the Republic of Korea, the Russian Federation, Rwanda, Senegal, Singapore, South Africa, Spain, Uruguay, Sweden and the United States of America.While no country in the study had provided a definitive answer, in countries like Argentina, Canada, China, Israel, Italy, the Russian Federation, Singapore, Spain, Uruguay, video games are predominantly regarded as computer programs. On the other hand, in countries like Belgium, Brazil, Denmark, Egypt, France, Germany, India, Japan, South Africa, Sweden and the United States of America seem to favour the approach according to which each element must be protected in accordance to its rightful legal nature. Lastly, countries like Kenya and the Republic of Korea seem to consider video games as audiovisual works, given their visual elements[8].Protection of video games in RomaniaThe legal nature of video games has not yet been established in Romania. To our knowledge, Romanian courts have yet to form an opinion on the classification of video games as software, audiovisual works or sui generis works.However, it is certain that video games fall under the ambit of Law no. 8/1996 on copyright and related rights („Law no. 8/1996”).Protection of computer programsUnder Law no. 8/1996, computer programs encompass any expression of a program, application program, and operating system, expressed in any language, whether in source or object code, preparatory design materials, and manuals. Ideas, processes, methods of operation, mathematical concepts, and principles that underlie any element of a computer program, including those that underlie its interfaces, are not protected.Absent contrary provisions in the employment agreement, computer programs created by employees during the course of their employment, while fulfilling their job attributions, or while following instructions from their employer, belong to the employer.Computer programs are protected for the entire duration of the author’s life and for 70 years after their death. To the extent computer programs may be deemed collective works (i.e., works in which the individual contributions of the authors cannot be separated), copyright belongs to the natural or legal person who initiated the creation of the work; the economic copyright duration over such works is 70 years since they were first made known to the public.From a practical standpoint, Romanian employers will hold the economic copyrights in computer programs. In the case of a company that uses external collaborators, and not employees, care should be taken to have the economic copyright assigned to the company, as the legal provisions regarding ownership of copyright over a collective work may not always apply to the particular computer programs created by the collaborators.Protection of audiovisual works in RomaniaLaw no. 8/1996 defines an audiovisual work as a cinematographic work, a work expressed through a process similar to cinematography or any other work consisting of a succession of moving images, accompanied or not by sounds.The main author of an audiovisual work is the director, who, in a contract with the producer, undertakes to create the work. The producer is the natural or legal person who assumes responsibility for the production of the work, who organizes the production of the work and who provides the necessary technical and financial means.Law no. 8/1996 recognizes as authors of audiovisual works the director, the author of the adaptation, the author of the script, the author of the dialogue, the author of the original music, and the author of the graphics/animation, when graphics/animation is an important part of the work. Other persons may be included in this limited author list with the consent of the aforementioned authors, to the extent such persons have had a significant contribution to the work.The economic copyright in the audiovisual work is presumed to belong to the producer, if no other contractual provisions are stipulated in the contract between the main author (i.e., the director) and the producer. In return, the producer is obliged to provide equitable remuneration to the authors. Authors keep their moral rights over the audiovisual works.In the absence of a clause to the contrary, the performer who participated in the production of an audiovisual work, an audiovisual recording or a sound recording, shall be presumed to assign to the producer, in exchange for a fair remuneration, the exclusive right to use their performance, thus fixed, by reproduction, distribution, import, rental and loan. Moral rights in the performance remain with the performer.The duration of economic copyright in audiovisual works is not expressly provided by Law no. 8/1996. However, the Law no. 8/1996 deems the recognized authors of the work to have created the work in co-authorship. Therefore, the relevant provisions could be interpreted that copyright duration in the audiovisual work is calculated as for any work created in co-authorship, namely the life of the co-authors plus 70 years after the death of the last surviving co-author.Perspective on classifying video games under Romanian lawIt is clear that video games are multi-stakeholder works. While programming is absolutely necessary, it is no longer the driver of the experience of the video game consumer. Design, graphics, gameplay, character development, play a much greater role in immersing the player in the world of the video game.Moreover, as previously stated, many modern games use game engines that are already built, not ones created especially for them from scratch. Therefore, the question of whether a video game should be regarded as a mere computer program or rather an audiovisual work is legitimate.From an authorship perspective, if a video game is classified as a computer program, most likely Romanian law would recognize a larger list of authors than it would were the game deemed an audiovisual work. There would be separate authors for the code, the music, the graphics, the animations, the videos in the video game, as opposed to only some the limited list of authors mentioned in the law for audiovisual works.A specific issue related to video game authorship would be whether content created by players would grant them any standing in the game’s authorship. In principle, any alteration to the game, including those created by players (usually referred to as “mods”), may be deemed derivative works. To the extent they are original, mods may be protected by copyright. However, in order for a derivative work to be lawful, its creation should be authorized by the original copyright holder.To the extent a video game is deemed a computer program, economic copyright ownership will most likely have to be assessed on a case-by-case basis. It is therefore possible to have several different entities as copyright holders over the code alone, since, as explained above, game developers rarely develop a game engine from nothing. Moreover, copyright would be vested in each stakeholder in the video and audio elements.It is debateable whether all videogames could be deemed collective works, and therefore copyright to be assigned directly to the publisher. First, the music for a game can clearly be separated from the contributions of other stakeholders. The same can be said about cinematics in a video game, many of them telling a story that can be understood outside the game itself.In contrast, the solution to copyright ownership is much simpler if the video game is classified as an audiovisual work. In this case, the economic copyright would be presumed to belong to the publisher, in its capacity as the entity organizing and financing the production of the game. From a practical standpoint, in our view classifying video games as audiovisual works would be desirable, since the production of a video game nowadays resembles the making of a cinematographic production, and therefore the same rationales should apply as in the making of a film.ConclusionsIn Romania, the issue of how video games should be classified will remain undecided until being discussed in front of the Romanian courts or until specific legislation is enacted.It is, therefore, recommended that interested parties in the video game industry protect their intellectual property through contractual arrangements, in order to have ownership clarity. *****This article contains general information and should not be considered as legal advice.Flavia ȘtefuraSenior Associateflavia.stefura@mprpartners.com[1]      S. Gregory Boyd, Sean F. Kane, Brian Payne, Video Game Law: Everything you need to know about Legal and Business Issues in the Game Industry, A K Peters/CRC Press 2018.[2]      https://www.economica.net/industria-gaming-romania-coronavirus_182639.html, last accessed on January 14, 2021; https://www.mediafax.ro/economic/industria-de-jocuri-video-din-romania-are-o-cifra-de-afaceri-uriasa-19685533, last accessed on January 14, 2021.[3]      Steve Rabin, Introduction to Game Development, Charles River Media, Second Edition, Part 3, Game Programming: Languages and Architecture, page 168.[4]      Steve Rabin, ibidem.[5]      Steve Rabin, ibidem, 7.2. Game Industry Role and Economics, page 839.[6]      Steve Rabin, ibidem, 7.1. Game Production and Project Management, page 791.[7]      The Legal Status of Video Games, by Mr. Andy Ramos, Ms. Laura López, Mr. Anxo Rodríguez, Mr. Tim Meng and Mr. Stan Abrams, available at https://www.wipo.int/edocs/pubdocs/en/wipo_report_cr_vg.pdf.[8]      Ibidem, page 11.

THE USE OF ELECTRONIC SIGNATURE IN THE FIELDS OF CONSTRUCTION, ARCHITECTURE AND URBANISM

19th January 2021

1. Background

The last few months have been marked by the challenges caused by the coronavirus pandemic which made obviously the need for digitalization and led the competent authorities to adopt several measures in this regard.

OVERVIEW ON THE NEW AMENDMENTS TO THE ROMANIAN FISCAL CODE

11th January 2021 IntroductionLaw no. 296 of December 21, 2020 for the amendment and completion of Law no. 227/2015 regarding the Fiscal Code (the “Law no. 296/2020”) brought a series of beneficial changes to the business environment, applicable starting with January 1, 2021.

HOW TO KEEP YOUR DATA SAFE IN THE NEW DIGITAL EMPLOYMENT ENVIRONMENT

4th January 2021

1. Introduction

Using the digital environment for work related activities entails risks that are enhanced by the continuous digitisation of the society. Such risks include an increase in the number of cyberattacks that can lead to security breaches, including personal data breaches.

ROMANIA IS ENACTING THE SECONDARY LEGISLATION PERTAINING TO CYBERSECURITY IN AN EFFORT TO AVOID EUROPEAN SANCTIONS

10th December 2020

1. Background

On October 30, 2020, the European Commission sent a reasoned opinion[1] regarding Romania’s failure to notify the national measures allowing for the identification of operators, the number of operators of essential services and the thresholds used in the identification process. The notification process is part of the implementation process of the Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (the “NIS Directive”). NIS Directive was transposed into the Romanian legislation through Law no. 362/2018 for ensuring a high common level of security of networks and information systems (“NIS Law”).

NEW DISPUTES RESOLUTION RULES IN THE ENERGY SECTOR

2nd December 2020 The Romanian Energy Regulatory Authority (“ANRE”) issued a new procedure applicable for the settlement by ANRE of the complaints filed by the existing or future final clients of electricity and gas, as well as by the existing and future grid users (both producers and consumers) against the providers of services and activities in the energy field (the “Provider”). The procedure was approved by ANRE Order no. 194 of October 28, 2020 which was published in the Official Gazette of Romania no. 1033 of November 5, 2020.

UPDATES OF THE ROMANIAN CRIMINAL LAW IN ACCORDANCE WITH RELEVANT EU LAW PROVISIONS

30th November 2020

1. Background

As a part of European Union (”EU”), Romania regularly updates its legislation to reflect the direction provided by the European legal framework.

SALE OF ENERGETIC CAPACITIES TO CONCESSIONAIRE DISTRIBUTION OPERATORS

27th November 2020

1. Introduction

By means of recent changes to the Energy and Gas Law no. 123/2012 (the “Energy Law”), the operators holding concession over the electricity distribution grid (the “Distribution Operators”) have been compelled to take over the ownership over private electricity distribution grids and related energetic capacities (the “Energetic Capacities”) in specific cases set out thereby. In addition, the amendments to the Regulation for the connection of users to the public interest electricity grids (the ”Connection Regulation”) which will enter into force in January 1, 2021 changed the ownership regime over the Energetic Capacities built for connecting new users (such as power producers), by recognizing the ownership right of such users and their right to sell the capacities to the Distribution Operators.

CHANGES TO THE ROMANIAN PHARMACY LAW

19th November 2020

1. Introduction

Pharmacy Law no. 266/2008 (the “Pharmacy Law”) was recently amended by Law no. 243/2020 approving the Government Ordinance no. 4/2018 amending and supplementing the Pharmacy Law no. 266/2008 which was published in the Official Gazette of Romania no. 1042 (“Law no. 243/2020”). The new amendments entered into force on November 9, 2020.

EU jurisprudence on web linking

22nd October 2020 The CJEU Advocate General’s opinion in case-392/19 - A step into supplementing European jurisprudence on web linking.

GDPR – ePrivacy Interplay

21st October 2020 Data breach notification under e-privacy directive and general data protection regulation.

Romania: Consumer protection updates in the audio-visual field

21st October 2020 In November 2018, the European Parliament and the Council of the European Union have enacted the Directive (EU) 2018/1808 amending Directive 2010/13/EU on the coordination on certain provisions laid down by law, regulation or administration in Member States concerning the provision of audio-visual media services in view of changing market realities (the “Audio-Visual Media Services Directive”).The Audio-Visual Media Services Directive, as amended by Directive (EU) 2018/1808 aims at adapting rules set out for audio-visual media services providers to the new realities applicable in this field, generated by technological developments and by the new viewing habits of consumers.

Romania: New grid connection rules

21st October 2020 After two stages of public consultations in which the grid connection operators became intensively involved, the Romanian Energy Regulatory Authority (“ANRE”) adopted new rules for connection to the power grid.After two stages of public consultations in which the grid connection operators became intensively involved, the Romanian Energy Regulatory Authority (“ANRE”) adopted new rules for connection to the power grid by means of Order no. 160/2020 amending and supplementing the Regulation for the connection of users to the public interest power grids, approved by ANRE Order no. 59/2013 (the “Connection Regulation”).

New Provisions Concerning Critical Infrastructure in Romania

10th October 2018 I. General contextOne of the major objectives of the EU is reducing the vulnerabilities of critical infrastructure and increasing their resilience. An adequate level of protection must be ensured and the harmful effects of disruptions on the society and citizens must be limited as far as possible.Critical infrastructures extend across many sectors of the economy, including communications, banking and finance, transport and distribution, energy, utilities, health, food supply, as well as key government services.Critical infrastructure consists of physical and information technology facilities, networks, services and assets that, if disrupted or destroyed, would have a serious impact on the health, safety, security or economic well-being of citizens or the effective functioning of the government as a result of the failure to maintain those functions. Threats to a single critical infrastructure can have a very significant impact on a broad range of actors in different infrastructures and more widely.Moreover, the effects of those interdependencies are not limited to single countries. Many critical infrastructures have a cross border dimension. In addition to interdependencies between sectors, there are also many interdependencies within the same sector but across several European countries.

State aid scheme in Romania

9th October 2018

1. Introduction

On July 30, the Romanian Ministry of Finance issued an order launching the procedure whereby investors may obtain non-reimbursable funding for investments made in Romania.

The funding is regulated by Government Decision no. 807/2014 on the setting up of a State aid scheme having as object the stimulation of investments with significant economic impact (“Scheme”), enforced for purposes of the measures discussed herein by Order no. 2629/July 30, 2018 of the Minister of Finance approving the guide for applicant seeking financing under the Scheme.

Romanian joint stock companies: board decisions on share capital increase can be challenged

4th October 2018

Pursuant to a decision of the Romanian Constitutional Court published on August 1, 2018, board decisions regarding share capital increases can now be subject to an action for annulment.

Maravela|Asociații’s competition practice on the rise

27th July 2018

With an increasing work load and Client portfolio on the rise, Maravela|Asociații’s competition department sustained a considerable development throughout the past five years, driven by the passion and specialization of the entire team.