Legal Protection of Trademarks and Geographical Indications in Romania: Counterfeiting Offenses, Provisional Measures, and Criminal Sanctions

The unauthorized acts such as counterfeiting a trademark, distributing a product bearing an identical or similar mark to a registered one for identical or similar products, and distributing products with false geographical indications constitute offenses punishable by imprisonment from 3 months to 2 years or by a fine.

Counterfeiting a trademark refers to the unauthorized creation or use by third parties in commercial activities of a sign identical to the trademark for identical goods or services for which the trademark was registered, a sign that would create a risk of confusion in the public’s perception, including the risk of associating the trademark with the sign, or a sign identical or similar to the trademark for different goods or services for which the trademark is registered if the trademark has acquired a reputation in Romania and the use of the sign without justified reasons could take advantage of the distinctive character or reputation of the trademark, or cause damage to the trademark holder.

Distribution refers to offering goods or marketing or holding them for this purpose, offering or providing services under this sign, as well as importing, exporting, or transiting products under this sign. These acts do not constitute offenses if committed before the publication date of the trademark. In the case of trademark counterfeiting, the reconciliation of the parties eliminates criminal liability.

The holder of the industrial property right over a trademark or a geographical indication or any other person exercising the industrial property right with the consent of the holder can request provisional measures from the court if they provide credible evidence that the industrial property right over the trademark or geographical indication is subject to an illicit action, actual or imminent, and that this action risks causing irreparable harm.

The court may order the prohibition of the infringement or its provisional cessation and the taking of necessary measures to ensure the preservation of evidence. The applicable procedural provisions are included in the Civil Procedure Code regarding provisional measures in the matter of intellectual property rights. Provisional measures can also be ordered against an intermediary whose services are used by a third party to infringe a right protected by law.

For damages caused by the commission of counterfeiting acts, liable persons can be required to pay compensation according to common law. The court may request the plaintiff to provide any evidence to prove that they are the holder of the infringed right. If the means of proof are under the control of the defendant, the court may order that these be produced by the defendant, ensuring the confidentiality of the information. Additionally, the court may order the plaintiff to pay all damages caused to the defendant due to the abusive exercise of procedural rights concerning the protected trademark or geographical indication.

The trademark holder or the competent central public authority may request the court to order the infringer to provide immediate information regarding the origin and distribution channels of the illegally marked goods, as well as information about the identity of the manufacturer or trader and the quantity of goods manufactured, delivered, received, or ordered.

Customs competences regarding the enforcement of rights over protected trademarks and geographical indications belong to the National Agency for Fiscal Administration.