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Category: Disputes Resolution

Reputation management for businesses: Assessing damages caused by defamatory statements against legal entities and available legal remedies

January 2023 One of the most important, but also most vulnerable assets of a company is its image. As a result of the fierce competition to attract and maintain the attention of potential customers and build a “name”, any negative information that is released about a company impacts the decision of business partners and of…
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Legal effects of filing with special assignment in the light of the provisions of art. 721 para. (4) of the Code of Civil Procedure.

Case of suspension of the release of the amount consigned or case of suspension of the enforcement proceedings? January 2023 The enforcement procedure, as the final stage of a civil litigation, is the creditor’s main legal remedy for obtaining the satisfaction of its rights if the debtor does not voluntary fulfill the obligations established in…
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The Constitutional Court of Romania upholds an objection of unconstitutionality regarding contraventional matters

November 2022 Ileana Nicolescu and Iunia Radu analysed the Constitutional Court’s decision on this issue in the article available (in Romanian) HERE. SIMION & BACIU’s Dispute Resolution practice proposes a sharp and genuinely diligent commercial judgment that enables our litigators to get to the heart of a business-related disputes. Details about our practice are available…
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Assessment of damages for infringement of intellectual property (IP) rights

October 2022 Any IP-protected product can be counterfeited. Counterfeit products range from high-end consumer luxury goods (e.g., watches or perfumes) to business-to-business products such as machines, chemicals and other consumer goods. The enforcement of IP rights not only leads to improved sales by removing infringing goods from the marketplace, but it can provide a means…
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Preliminary injunction claims raised in IP conflicts in Romania: legal background and recent court practice

According to the Romanian legislation, the Romanian courts may issue preliminary injunction orders for provisional measures if an IP rights holder submits credible evidence that its rights are subject to an actual or imminent act of infringement and such act gives rise to damages that would be very difficult to repair. Andreea Bende and Cristiana…
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