Book contents
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Chapter 24 - Enforcement of Intellectual Property Rights in Romania
Published online by Cambridge University Press: 12 April 2019
- Frontmatter
- Foreword
- Preface And Acknowledgements
- Contents
- About the Editor
- About the Authors and Contributing Firms
- Chapter 1 Genesis, Adoption and Application of European Directive 2004/48/EC
- Chapter 2 Enforcement of Intellectual Property Rights in Austria
- Chapter 3 Enforcement of Intellectual Property Rights in Belgium
- Chapter 4 Enforcement of Intellectual Property Rights in Bulgaria
- Chapter 5 Enforcement of Intellectual Property Rights in Croatia
- Chapter 6 Enforcement of Intellectual Property Rights in Cyprus
- Chapter 7 Enforcement of Intellectual Property Rights in the Czech Republic
- Chapter 8 Enforcement of Intellectual Property Rights in Denmark
- Chapter 9 Enforcement of Intellectual Property Rights in Estonia
- Chapter 10 Enforcement of Intellectual Property Rights in Finland
- Chapter 11 Enforcement of Intellectual Property Rights in France
- Chapter 12 Enforcement of Intellectual Property Rights in Germany
- Chapter 13 Enforcement of Intellectual Property Rights in Greece
- Chapter 14 Enforcement of Intellectual Property Rights in Hungary
- Chapter 15 Enforcement of Intellectual Property Rights in Ireland
- Chapter 16 Enforcement of Intellectual Property Rights in Italy
- Chapter 17 Enforcement of Intellectual Property Rights in Latvia
- Chapter 18 Enforcement of Intellectual Property Rights in Lithuania
- Chapter 19 Enforcement of Intellectual Property Rights in Luxembourg
- Chapter 20 Enforcement of Intellectual Property Rights in Malta
- Chapter 21 Enforcement of Intellectual Property Rights in the Netherlands
- Chapter 22 Enforcement of Intellectual Property Rights in Poland
- Chapter 23 Enforcement of Intellectual Property Rights in Portugal
- Chapter 24 Enforcement of Intellectual Property Rights in Romania
- Chapter 25 Enforcement of Intellectual Property Rights in Slovakia
- Chapter 26 Enforcement of Intellectual Property Rights in Slovenia
- Chapter 27 Enforcement of Intellectual Property Rights in Spain
- Chapter 28 Enforcement of Intellectual Property Rights in Sweden
- Chapter 29 Enforcement of Intellectual Property Rights In the United Kingdom
- Annex: Directive 2004/48/EC
Summary
NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE
A. PRIMARY AND SECONDARY LAW
Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 (the “Enforcement Directive”) on the enforcement of intellectual property rights was transposed in Romania through Government Emergency Ordinance No. 100/2005 on the Enforcement of Industrial Property Rights (“GEO 100/2015”), adopted by Law No. 280/2005 approving Government Emergency Ordinance No. 100/2005 on the Enforcement of the Industrial Property Rights and further amended by Law No. 214/2008 supplementing Government Emergency Ordinance No. 100/2005 on the Enforcement of Industrial Property Rights.
The Enforcement Directive also entailed amendments to the following Romanian intellectual property (IP) acts:
– Government Emergency Ordinance No. 123/01.09.2005 (“GEO 123/2005”) for amending and completing Law No. 8/1996 on copyright and related rights (“Law No. 8/1996”);
– Law No. 76/2012 implementing Law No. 134/2010 of the Romanian Code of Civil Procedure – Article 75, 255, 978–979, 997–1002 (“CPC”);
– Law No. 255/2013 applying Law No. 135/2010 regarding the Criminal Procedure Code and the modification and completion of several normative acts.
TRANSPOSITION ISSUES
GEO 100/2015 literally transposed all of the provisions of the Enforcement Directive into Romanian law, even if certain measures and remedies were already provided for by special laws protecting IP rights and further supplemented by the general provisions of Romanian civil law. Romania had adopted civil, criminal and administrative sanctions against infringements of IP rights and also remedies for enforcing such rights, immediately aft er ratification of the TRIPs agreement.
Article 3 of the Enforcement Directive refers to the general principle on measures, procedures and remedies that must be provided by the Member State in order to ensure the enforcement of IP rights in fair and equitable terms. It was transposed as such into Romanian law through Article 3 of GEO 100/2015.
The application of the principles set out in Article 3 of GEO 100/2015 (and correspondingly Article 3 of the Enforcement Directive) was refl ected over time in the relevant case law, including in the following:
– decision No. 2072 of 27 June 2014 of the High Court of Cassation and Justice, concerning the calculation of patrimonial and moral damages resulting from the infringement of a word mark (among other things) applied the principle of proportionality between the actual nature of the damages to be repaired and the rights infringed, so as to avoid creating obstacles to legitimate trade;
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- Enforcement of Intellectual Property Rights in the EU Member States , pp. 959 - 1022Publisher: IntersentiaPrint publication year: 2019