CMS Expert Guide on Preliminary Injunctions in IP in Romania

Generally, by way of preliminary injunction, the claimant can ask the court to order provisional measures in urgent cases, in order to: 

• preserve a right that would be jeopardized by delay, 
• prevent imminent damage that cannot be repaired, and 
• remove obstacles that may arise during an enforcement. 

In order to be admissible, the claim must be urgent, the claimant must prove an appearance of rights, and the measure(s) sought must not be final or prejudice the merits of the case. 
Preliminary injunctions in IP are separately treated in the Civil Procedure Code but must also follow the classic preliminary injunction procedure. 

Provisional measures for the protection of IP rights can be requested by the claimant who provides credible evidence that its IP rights are the subject of an actual or imminent unlawful deed and that that deed is likely to cause it damage which it would be difficult to repair. The court may order the prohibition of the infringement or its provisional cessation, as well as any necessary measures to preserve evidence.

In the case of damage caused by means of the written or audiovisual media, the court may only order the provisional termination of the action for damages if the damage caused to the plaintiff is serious, if the action is not clearly justified and if the measure taken by the court does not appear disproportionate in relation to the damage caused. 

No. However, in practice, right holders usually send warning letters to infringers to offer them the opportunity to stop the infringement without going to court.

Also, requesting a bailiff to acknowledge the infringement before filing a PI is sometimes recommended, but not mandatory. 

No. However, one of the key conditions for admissibility is demonstrating the urgency of the case and the necessity of ordering PI. 

The time varies depending on several factors, such as the urgency and the complexity of the case, the requests of the parties and the court’s workload. 

Usually, PIs are granted within a few months from filing.

In cases of particular urgency, PIs may be granted even on the same day, without a court hearing. This is, however, exceptional and must involve an imminent damage. 

Yes. However, PI proceedings cannot be suspended solely because the main case is being adjudicated on the merits, since the PI proceedings are not addressing the matter on the merits, but only on the appearance of the rights involved. 

Since the settlement of the PI claim is urgent, evidence which requires a long time to be administered is not admissible. Generally, writs filed in court within the applicable deadlines will be admissible. 

Yes. A PI may also be granted without the summoning of the parties in cases of particular urgency. 

Yes. However, the court may reduce the amount of the costs due if these are clearly disproportionate, by reference to the value or the complexity of the case. 

Yes, in certain cases. If the measures requested are liable to cause damage to the other party, the court may require the claimant to deposit a security in an amount fixed by it, failing which the measure ordered shall automatically cease.

Yes. 

The court settling the appeal may suspend enforcement of the PI pending the appeal, but only on the condition that security, of an amount to be determined by it, is deposited.

Separately, if the PI is being enforced, a challenge on enforcement may be lodged.

Generally, it may take a few months until a decision is rendered. However, it depends on the complexity and urgency of the case. 

The PI is enforceable immediately once granted.

If the other party does not comply voluntarily, the claimant can request a bailiff to enforce it.

Yes. The claimant is required to pay compensation for the damage caused by the provisional measures taken, if the claim on the merits is dismissed as unfounded. However, if the claimant was not at fault or was only slightly at fault, the court mayeither refuse to order payment of the damages sought or order that they be reduced.

Yes. If the application is lodged before the claim on the merits has been filed, the decision ordering the PI shall also specify the period within which the claim on the merits must be filed (this will not be later than 30 days after the date on which the PI was ordered). If the claim on the merits is not filed in due time, the measures ordered by the PI shall cease.