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Overview: Romanian Intellectual Property Scenery in 2023

March 2024

Some of the notable concepts that coloured the Romanian intellectual property scenery over the past year include aspects related to the fields of trademarks and copyright.

As 2023 crossed the finish line, Ana-Maria Baciu and Andreea Bende had authored an article that reviews some of the most impactful elements to be evaluated by the intellectual property community in 2024 and beyond.

Trademarks

Trademark-related matters continued to occupy the spotlight in 2023 as reverberations from the Implementing Regulation to the Romanian Trademarks Law persisted. The most important changes brought by the amendments to the Romanian Law on Trademarks (Law No. 84/1998) following the adoption of the amended Implementing Regulation that entered into force in October 2022 dealt with procedural aspects before the Romanian State Office for Inventions and Trademarks (IPO) and their effects continued to ripple throughout 2023 (for further details, please see Changes to trademark legislation: what you need to know).

One notable impact relates to the stages of the opposition procedure; a cooling-off stage was adopted in the procedure, similar to the one available for the parties undergoing an opposition before the EU Intellectual Property Office (EUIPO).

Another significant development in the field of trademarks relates to the invalidity and revocation actions. Starting 14 January 2023, these can also be pursued before the Romanian IPO, as an alternative to actions filed in court.

Copyrights

In 2023, the effects of the changes to the Romanian Copyrights Act continued to be visible. As a context reminder, the Act was most recently amended in April 2022, through Law 66/2022, which, among others, also transposed the EU Directive 2019/789 and EU Directive 2019/790 (DSM Directive).

The recently enacted legislation introduced measures that mainly impact online content and associated rights. There are three main topics of note: data mining, new contractual rights for authors and performers, and the liability system for online content-sharing services.

The full overview, prepared for ILO / Lexology is available for download HERE.


To raise awareness on intellectual property aspects and to help companies understand the relevant concepts, risks and benefit connected to such, SIMION & BACIU constantly prepares to-the-point overviews on sensitive topics.

SIMION & BACIU is a 3-time winner of the much-coveted Romanian Law Firm of the Year award by Managing IP in 2021, 2022 and 2023. Also, the firm is the winner of the prestigious Trademark Firm of the Year for Romania distinction at the 2022 Global IP Awards Gala presented by IAM 100 and World Trademark Review (WTR) 1000. To learn more about out Intellectual Property practice please click HERE.

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