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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.
14 September 2020
An EPO Case Law Round-Up: Ad­ded Mat­ter
The EPO is well-known for its strict ap­proach to as­sess­ing amend­ments un­der the ad­ded mat­ter pro­vi­sion of Art­icle 123 of the European Pat­ent Con­ven­tion. This of­ten cre­ates com­plex leg­al scen­ari­os which...
13 August 2020
Sus­tain­able food pro­gress may close glob­al reg­u­lat­ory gap
In­nov­a­tion in the sus­tain­able food sec­tor is for­ging ahead at a re­mark­able pace. Our cur­rent food sources ac­count for nearly one-third of glob­al GHG emis­sions while con­sumers are in­creas­ingly bet­ter edu­cated...
27 July 2020
Ro­mania aligns its na­tion­al trade mark law with EU le­gis­la­tion
On 9 Ju­ly 2020, Law No. 112/2020 for the amend­ment of Ro­mani­an trade mark law No. 84/1998 was pub­lished in the Of­fi­cial Gaz­ette, trans­pos­ing in­to the na­tion­al law the pro­vi­sions of EU trade mark Dir­ect­ive...
27 July 2020
Pro­tec­tion for Designs in UK post Brexit
Since 2002, UK busi­nesses have been able to pro­tect their designs by vir­tue of both UK and EU design rights, con­fer­ring par­al­lel but slightly dif­fer­ing forms of pro­tec­tion. This art­icle con­siders the...
22 July 2020
Around 1600 view­ers re­gister for live video stream of com­puter soft­ware...
The En­larged Board of the European Pat­ent Of­fice re­cently heard or­al ar­gu­ments con­cern­ing pat­entab­il­ity of a com­puter soft­ware in­ven­tion. This rare event was video streamed to over 1600 pat­ent stake­hold­ers....
14 July 2020
Santen ends Neur­im-style SPCs
The word­ing of Art­icle 3(d) of the SPC Reg­u­la­tion re­quires that the SPC ap­plic­a­tion must rely on “the first au­thor­isa­tion to place the product on the mar­ket as a medi­cin­al product”. This sug­gests...
14 July 2020
Ger­man Fed­er­al Su­preme Court cla­ri­fies the bar for po­ten­tial pat­ent in­fringers...
With its de­cision of 5 May 2020 (Case No. KZR 36/17), the Ger­man Fed­er­al Su­preme Court raised the re­quire­ments for the con­duct of the po­ten­tial pat­ent in­fringer for FRAND ne­go­ti­ations. For the first time...
08 July 2020
“WIPO PROOF”: WIPO’s new on­line ser­vice which helps in­nov­at­ors and cre­at­ors...
The World In­tel­lec­tu­al Prop­erty Or­gan­isa­tion (WIPO) re­cently launched its new on­line busi­ness ser­vice, “WIPO PROOF”. The plat­form aims to help in­nov­at­ors and cre­at­ors safe­guard their in­tel­lec­tu­al...
26 June 2020
CJEU an­nuls EUIPO’s trade mark in­val­id­a­tion of Louis Vuit­ton’s Dam­i­er Azur...
On 10 June 2020, the Gen­er­al Court of the CJEU (“GC”) pub­lished its de­cision on the Louise Vuit­ton Mal­leti­er (“Louis Vuit­ton”) case,[1] which relates to the valid­ity of Louis Vuit­ton’s fig­ur­at­ive...
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...
01 June 2020
En­larged Board to cla­ri­fy European Pat­ent Of­fice ap­proach to double pat­ent­ing
The European Pat­ent Of­fice Tech­nic­al Board of Ap­peal has re­ferred three leg­al ques­tions to the En­larged Board of Ap­peal. These ques­tions con­cern the al­low­ab­il­ity of double pat­ent­ing at the EPO, and will...