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Intellectual Property

Romania

In today’s knowledge economy, your intellectual property plays a key role in obtaining a competitive advantage. A cohesive strategy, including both commercialisation and enforcement, will ensure you get maximum value from your IP. With specialist IP lawyers throughout Central and Eastern Europe (CEE), we have worked with some of the best-known brands, from banks to tech and media companies, pharmaceuticals and FMCG companies, often across the region or in several jurisdictions.

Leading multinationals look to CMS for an integrated, cross-border service to meet their global needs and/or deal with global trademark portfolios, as well as specialist advice and representation in individual countries. Working with CMS gives you invaluable access to knowledge of the CEE markets and regulators, both locally and regionally. We work together with you to find the best solutions for your business.

CMS Romania has a dedicated team of IP specialists, which includes a number of registered trademark attorneys with both the Romanian Office for Inventions and Trademarks (OSIM) and the Office for Harmonization in the Internal Market (OHIM). We advise our clients across the full range of contentious and non-contentious IP matters, including IP aspects of transactions in Romania, as well as on data protection and privacy.

The right brands will win the hearts and minds of your customers. The right patents will prevent others exploiting your ideas or provide a substantial barrier to market access. Copyright, know-how and designs also play a vital role. We focus on key sectors relevant to you such as life sciences and healthcare, automotive, machinery, manufacturing, consumer products, financial services, and technology, media and communications. This means you get in-depth industry knowledge as well as legal expertise for the protection of your IP. If you are involved in a dispute, CMS dedicated contentious IP experts can guide you through the litigation process.

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22 April 2020
CMS Ex­pert Guide to COV­ID-19's Im­pact on IP Leg­al Tim­ings
As in all as­pects of busi­ness, COV­ID-19 is im­pact­ing the world of IP and the po­s­i­tion is con­stantly chan­ging. To help you pri­or­it­ise and plan, the Glob­al IP prac­tice at CMS has put to­geth­er an over­view of COV­ID-19's cur­rent im­pact on pro­ced­ur­al timetables be­fore courts, na­tion­al in­tel­lec­tu­al prop­erty of­fices and key in­ter­na­tion­al IP in­sti­tu­tions.
05 June 2020
Ro­mania plans to launch 5G tenders in au­tumn 2020
The Ro­mani­an Na­tion­al Au­thor­ity for Man­age­ment and Reg­u­la­tion in Com­mu­nic­a­tions of Ro­mania (AN­COM) re­cently an­nounced the au­thor­ity’s plans with re­spect to grant­ing the ad­di­tion­al li­cense for 5G spec­trum...
29 May 2020
3D trade marks news: over­view of re­cent judg­ments in the Göm­böc and Ru­bik...
The in­ter­pret­a­tion of pro­vi­sions reg­u­lat­ing shape marks of­ten raises vari­ous doubts on both the EU and na­tion­al level, es­pe­cially re­gard­ing the con­di­tions un­der which re­gis­tra­tion of shape marks can be...
26 May 2020
European Com­mis­sion must ad­dress in­tel­lec­tu­al prop­erty and AI
The Com­mit­tee on Leg­al Af­fairs (JURI) of the European Par­lia­ment has pub­lished three draft re­ports re­lat­ing to ar­ti­fi­cial in­tel­li­gence (AI). This note is about the draft re­port on in­tel­lec­tu­al prop­erty...
26 May 2020
European Pat­ent Of­fice COV­ID-19 pro­vi­sions - as at 25 May 2020
The EPO has re­cently is­sued fur­ther in­form­a­tion re­gard­ing or­al pro­ceed­ings be­fore ex­am­in­a­tion and op­pos­i­tion di­vi­sions and be­fore the Boards of Ap­peal. This art­icle sum­mar­ises all of the EPO’s COV­ID-19...
19 May 2020
High Court rul­ing con­firms SkyKick in­fringed Sky’s trade marks
On 29 April 2020, Lord Justice Arnold handed down his judg­ment in the High Court in­fringe­ment pro­ceed­ings in Sky Plc v Skykick UK Ltd [2020] EWHC 990 (Ch).  The de­cision ap­plies the CJEU’s guid­ance...
19 May 2020
Not Pat­entable – The end of the line for plants and an­im­als pro­duced by...
The highest ju­di­cial au­thor­ity at the EPO is­sued their opin­ion late last week in the con­tro­ver­sial G3/19 (Pep­per) case. Con­trary to pre­vi­ous de­cisions in G2/12 and G2/13 (To­mato/Broc­coli), the En­larged...
18 May 2020
Boards of Ap­peal at the European Pat­ent Of­fice to re­sume hold­ing or­al pro­ceed­ings
The European Pat­ent Of­fice (EPO) Boards of Ap­peal have is­sued a new com­mu­nic­a­tion today ad­vising that, to a lim­ited ex­tent, the Boards of Ap­peal will re­sume hold­ing or­al pro­ceed­ings from Monday 18th May...
13 May 2020
Göm­böc: CJEU provides clar­ity on the pro­tect­ab­il­ity of 3D trade marks
On 23 April 2020, the CJEU handed down its judg­ment in the Göm­böc[1] case, which relates to a re­fer­ral from the Hun­gari­an Su­preme Court. The CJEU answered three ques­tions re­lat­ing to the grounds for...
06 May 2020
C‑622/18 – AR v Cooper In­ter­na­tion­al Spir­its LLC and Oth­ers - Dam­ages for...
On 26 March 2020, the Court of Justice of the European Uni­on (CJEU) handed down a pre­lim­in­ary rul­ing in which they con­sidered wheth­er the own­er of a na­tion­al trade mark re­gis­tra­tion could claim dam­ages...
05 May 2020
European Pat­ent Of­fice (EPO) COV­ID-19 pro­vi­sions – as at 5 May 2020
The EPO has now is­sued a fur­ther guid­ance no­tice re­gard­ing its dead­lines in light of the on­go­ing coronavir­us situ­ation, which re­places the pre­vi­ous no­tice dated 16 April 2020 and which will be pub­lished...
04 May 2020
EPO Board of ap­peal re­mits to ex­amin­ing di­vi­sion when pri­or art search...
In Mod­el de­term­in­a­tion sys­tem/Ac­cen­ture Glob­al Ser­vices Lim­ited (Case T-1159/15), the board of ap­peal finds that need to per­form a pri­or art search con­sti­tutes a spe­cial reas­on to re­mit the ap­peal ap­plic­a­tion...