Romania

Practitioners have observed an increase in the number of IP enforcement cases going through the Romanian courts, while praising the judicial system’s efficiency and effectiveness in dealing with them. On the anti-counterfeiting front, a steady stream of fake goods continues to flow into the country, although customs officials are working closely with law firms to tighten the borders and organise more fruitful seizures.

Firms: enforcement and litigation

1
Mușat & Asociaţii
Nestor Nestor Diculescu Kingston Petersen
Ratza & ratza
STOICA & Asociaţii
Ţuca Zbârcea & Asociaţii
Turcu & Turcu
VILAU | ASSOCIATES
Zamfirescu Racoti & Partners Attorneys at Law
2
Andra Musatescu Law & Industrial Property Offices
PETOŠEVIĆ
Răzvan Dincă & Asociaţii

Firms: prosecution and strategy

1
CABINET M OPROIU
Nestor Nestor Diculescu Kingston Petersen
Rominvent SA
2
Andra Musatescu Law & Industrial Property Offices
Cabinet Enpora
Frisch & Partners
Mușat & Asociaţii
PETOŠEVIĆ
Ratza & ratza
Răzvan Dincă & Asociaţii
Ţuca Zbârcea & Asociaţii
Andra Musatescu Law & Industrial Property Offices
Andra Musatescu is a modern, outward-looking boutique whose cosmopolitan lawyers all speak at least two of Romanian, English, French and Hungarian fluently. Thanks to state-of-the-art internal software, portfolio management is effortless and economical; clients have access to their files 24/7. Litigation is expertly handled by the team’s hard-hitting enforcement whizzes, most notable of which is name partner Andra Musatescu – an active member of the IP community who has a complete command of national and EU trademark legislation. Having masterminded hundreds of seizures, she maintains close links to the customs authorities, making anti-counterfeiting one of her strong suits. From offices in Bucharest, Tirana and Athens, Drakopoulos serves clients seamlessly across the whole of Southeast Europe. Its cooperative lawyers pool knowledge and exchange insights and ideas to outstanding effect; expansive product launches and cross-border litigation are bread and butter. The Romanian team has recently been helping Reckitt Benckiser to register dozens of marks and assisting Subway on licensing and franchising issues. Cherished by both of these multinationals, branding sage Adrian Roseti straddles the contentious/non-contentious divide with flair. Having served as a counsellor to the Romanian Parliament even before the country’s accession to the European Union, he has an impressive network of contacts and a stellar standing among peers.
Mușat & Asociaţii
With longstanding roots in the Romanian market, Mușat & Asociaţii would make a valuable ally for any national or international brand owner; it has unique local knowledge and significant experience handling proceedings before OSIM. Because its trademark lawyers operate within a full-service offering – and can thus consult with their banking and finance and M&A counterparts for second opinions – transactional work is a forte. Getting signatures on the bottom line of a lucrative licensing contract is the sort of challenge that Anca Buta Muşat relishes; her clear, concise reports are prized by time-pressed CEOs. Her deep competition law knowledge is another unique selling point.
Nestor Nestor Diculescu Kingston Petersen
Comprising seven specialised practitioners and three consultants, Nestor Nestor Diculescu Kingston Petersen’s IP team is the largest in the country. Considering its hefty workload, such firepower is a prerequisite; at the moment it is busy assisting Ford with key trademark applications and Bitdefender on domain name issues, in addition to a range of companies from the food and beverages, entertainment and automotive industries on enforcement matters. Leading the practice, top strategist Ana-Maria Baciu brings 17 years of experience to the table. She knows the pharmaceutical and healthcare sectors inside out; her extensive compliance and regulatory expertise is much appreciated by clients. High-flying contentious ace Sorina Olaru has appeared before all manner of domestic courts. She is adept in alternative dispute resolution, too, and is helping to draft a new set of rules for the Romanian Court of International Commercial Arbitration.
PETOŠEVIĆ
Regional IP powerhouse PETOŠEVIĆ has 15 bureaux across Central and Eastern Europe, positioning it perfectly to support brand owners on multinational product launches or cross-border conundrums. Its lawyers always go the extra mile for clients, making themselves available all hours of the day and keeping abreast of the latest market developments. In Romania, Aura Campeanu leads by example. If a tip-off comes in on an impending shipment of counterfeit goods, she will immediately speed-dial the customs authorities and draw up a comprehensive seizure plan. Brand owners can count on for her everything; she is as adept at drafting watertight applications as she is delivering persuasive oral pleadings.
Ratza & ratza
“Ratza & ratza is an extremely impressive firm that appears in court all the time. Its lawyers are serious about intellectual property and really professional – they’re people you can trust and consult with about complex theoretical problems.” With Andrew Vlad Ratza, Dragosh Marginean and Michael Andrew Enache leading the strike force, the team has the contentious might to find the back of the net against all odds. Firm co-founders Ratza and Marginean are particularly popular among entrepreneurs and start-ups; they contribute immensely to the enrichment of businesses in their infancy, advising on where limited resources can most effectively be spent. Ratza is a designs dynamo with a wealth of management experience; Marginean wins praise from peers for his creativity and consummate professionalism. Enache operates at his best in the anti-counterfeiting arena; infringers never stop wiping sweat from their brows when he is on their tail.
Răzvan Dincă & Asociaţii
The bumper service menu at Răzvan Dincă & Asociaţii stretches from availability through portfolio management to courtroom representation; nothing is beyond its protean trademark lawyers. As well as being a one-stop shop for branding needs, the firm runs strong banking and competition teams, allowing clients’ wider commercial troubles to be handled simultaneously. Răzvan Dincă wears the captain’s armband and is always in the thick of the action. “He’s routinely involved in very difficult cases and oppositions – coming up against him is an honour. Everyone admires him.” His courtroom performances are unforgettable.
STOICA & Asociaţii
STOICA & Asociaţii’s hard-hitting enforcement cadre is relentless in its pursuit of infringers. Its IP lawyers have appeared in courts of all levels and are responsible for numerous precedential rulings in Romania. Matters are always resolved professionally and comprehensively, but also with a close eye on costs; commercially savvy, they recognise that winning a case in a way that undermines overall business objectives means nothing. Dragoş Bogdan and Valeriu Stoica are standout stars. Bogdan assiduously scrutinises files, separates the wheat from the chaff and then conveys his client’s position in a straightforward, conclusive manner. Stoica’s unique powers of recall are well known; few would dare to contradict him on hard facts.
Ţuca Zbârcea & Asociaţii
An “extremely strong” full-service ensemble, Ţuca Zbârcea & Asociaţii oversees some of the world’s largest trademark portfolios and is a force to be reckoned with in the fight against fakes. Its representation of Philip Morris provided a notable highlight of late; the sharp-witted team managed to obtain damages of more than €1 million for the import of counterfeit goods – a ruling that has turned the heads of many other brand owners operating in Eastern Europe. Clubbing together for this project, Ciprian Dragomir and Bogdan Halcu form the marrow of the practice. Both are all-rounders who think holistically. Dragomir complements his first-rate trademark practice with significant data protection expertise, while Halcu brings singular business nous to the table.
Turcu & Turcu
As a partner office of the international anti-counterfeiting association REACT, Turcu & Turcu can orchestrate high-value seizures in no time at all. Its commitment to fighting the trade in fake goods has won it friends in high places and adulation from the customs authorities. Gabriel Nicolae Turcu leads the charge on most mandates. He is a sublime litigator who gets a kick out of a hard fight. His resolve, composure and persuasiveness have earned him a lofty reputation.
VILAU | ASSOCIATES
The forward-looking VILAU | ASSOCIATES cuts an impressive figure in the Romanian IP sphere. Its office is rigged out with sophisticated internal software that enables clients to check the status of their files in a few easy clicks; while Dragos Vilau’s proactive, on-point licensing and franchising support has led to the optimal monetisation of countless valuable rights. “He is a fantastic attorney with excellent connections – one of the leading lawyers in the country.”
Zamfirescu Racoti & Partners Attorneys at Law
Zamfirescu Racoti & Partners has made a habit of leaving negotiating tables with licensing contracts that will reap remarkable long-term rewards for clients; working in tandem with teammates in the firm’s banking and finance and tax practices, its trademark aces serve up commercially bulletproof counsel every time. When a heated dispute is taking shape, Cosmin Vasile is a top choice. The world-wise litigator has also acted as main counsel in arbitration proceedings before the International Chamber of Commerce, the London Court of International Arbitration and the Vienna International Arbitration Centre, to name only a few venues. A bright star in the firm’s 15-strong constellation, Zivko Mijatovic & Partners’ Romanian office handles prosecution matters creatively and speedily, while also putting in thunderous courtroom performances. Thanks to an extraordinary cloud network architecture, its lawyers benefit from the shared experiences and ideas of colleagues in other jurisdictions; tactics successfully employed elsewhere are efficiently put to use here. It comes as no surprise that Monica Novac is trusted by some of the world’s biggest brands. She is an amazing all-rounder whose filing strategies are well informed by lessons learned on the contentious battleground.
Cabinet Enpora
A common sight at the Romanian State Office for Inventions and Trademarks (OSIM) and the EU Intellectual Property Office, Cabinet Enpora has the experience needed to prevail in tricky opposition and cancellation proceedings. Its shrewd, technically astute practitioners know the case law like the backs of their hands and repeatedly succeed in intuiting which line of reasoning will be most effective. Former examiner Anca-Liliana Popescu Bianu is a reliable first port of call for interested parties.
CABINET M OPROIU
The “professional, innovative and well-structured” CABINET M OPROIU is a firm fixture on the Romanian IP scene. Whatever the issue – prosecution, licensing or litigation – its diligent, dedicated lawyers iron it out with minimal fuss; registering EU trademarks and representing clients in domain name dispute resolution proceedings are notable strengths. Managing partner and formidable litigator Margareta Oproiu is always ready to take the fight to infringers, but will not hesitate to negotiate should the possibility of a favourable settlement arise. Her teammate Raluca Vasilescu has abundant experience coordinating multi-jurisdictional cases and is active in many organisations; since 2009 she has been serving as vice president of the national group of the International Association for the Protection of Intellectual Property.
Rominvent SA
Having plied its trade for over half a century, Rominvent knows a thing or two about customer service. Its lawyers go to great lengths to satisfy clients; they respond to emails instantly, proactively suggest commercialisation options and burn the midnight oil when a big case is looming. General manager Ion Mocanu is a dazzling strategist. In his 40-year career he has done much to raise awareness about the importance of intellectual property among local enterprises; this active citizenship has been motivated by his passion for innovation and brands, which still shines through in everything he does.

Individuals

Ana-Maria Baciu - Nestor Nestor Diculescu Kingston Petersen
Dragoş Bogdan - STOICA & Asociaţii
Anca Buta Muşat - Mușat & Asociaţii
Răzvan Dincă - Răzvan Dincă & Asociaţii
Ciprian Dragomir - Ţuca Zbârcea & Asociaţii
Margareta Oproiu - CABINET M OPROIU
Andrew Vlad Ratza - Ratza & ratza
Gabriel Nicolae Turcu - Turcu & Turcu
Dragos M Vilau - VILAU | ASSOCIATES
Delia Belciu - DB Law Office
Aura Campeanu - PETOŠEVIĆ
Michael Andrew Enache - Ratza & ratza
Bogdan Halcu - Ţuca Zbârcea & Asociaţii
Dragosh Marginean - Ratza & ratza
Ion Mocanu - Rominvent SA
Andra Musatescu - Andra Musatescu Law & Industrial Property Offices
Monica Novac - Zivko Mijatovic & Partners
Sorina Olaru - Nestor Nestor Diculescu Kingston Petersen
Adrian Roseti - Drakopoulos Law Firm
Valeriu Stoica - STOICA & Asociaţii
Cosmin Vasile - Zamfirescu Racoti & Partners Attorneys at Law
Raluca Vasilescu - CABINET M OPROIU
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Issue 74