Intellectual Property

As technological horizons expand rapidly and new business models emerge at a fast pace, effective IP portfolio management and comprehensive assessment of IP rights become vital business advantages. In serving our clients’ interests and supporting their commercial success in global markets, our multidisciplinary Intellectual Property team has acquired impressive experience and know-how in a wide array of IP-related matters, covering the acquisition, development, implementation, enforcement, licensing and other exploitation of IP rights, as well as advising on domestic and international patent, trademark and copyright regulatory matters. In particular, the Intellectual Property team specialized of Mușat & Asociații also ensures the representation of clients in the whole range of disputes regarding IPR, being the only team from a full-service company in Romania that ensures the continuity of the project team both in the administrative phase and in the litigation phase.

Our legal experts have also developed comprehensive knowledge in franchising issues, having advised worldwide famous brands on devising and implementing franchise networks in Romania and neighboring countries, as well as counseled on related agreements and assessed compliance of their respective franchise structure with the Romanian legislation. Having regularly advised high-profile corporations on complex IP issues arisen from a variety of transactional matters, such as M&

A leading German telecommunications company, in connection with the protection of its trademark portfolio in Romania against third-party infringements of its reputed trademarks in Romania, including the Magenta colour trademark owned by the client.
A Chinese multinational telecommunications equipment and systems company (and its Romanian subsidiary), in connection with a patent infringement case brought in several jurisdictions across the world by a renowned patent troll.
One of Romania’s key private broadcasters, a member of a major media group, with regard to different copyright-related matters in the relationships with cable companies, especially with the cable market leader.
A major technology company, in respect of the intellectual property rights-related aspects entailed by the launch of the Romanian services of its on-demand music and video store.
The operator of the most important online retail platform in the world, in connection with the protection of its trademark against infringements by third companies, as well as in relation to the implementation of a complex system of agreements regarding the transfer of intellectual property rights.
One of the biggest pharmaceutical retail chains in Eastern and Central Europe, owned by a major investment firm, on the acquisition of the largest and most important integrated pharmaceutical group in Romania. Our mandate covered, amongst others, the effective transfer of the intellectual property rights, as well as an impact analysis of the acquisition on the intellectual property rights subject to multiple agreements concluded with third parties.
One of the world’s leading innovative medicines producers, with respect to the protection of its patent and trademark rights, including drafting, submitting, and representing the client before the Romanian courts in preliminary injunction requests and patent infringement court actions. Our work involved drafting and filing the intervention application with the relevant authorities, as well as upholding the client’s IP rights before a number of regulatory authorities against companies.

As, joint ventures, corporate restructurings, divestitures and IPOs, where IP was the key underlying asset, our lawyers and counselors are highly skilled in performing extensive due diligence on IP portfolios, to identify the specific IP assets, determine ownership rights and breadth of IP coverage and evaluate the validity of the IP rights.

Our team’s expertise covers virtually all areas of Intellectual Property Law, touching onto both the intricate aspects of IP non-litigation issues, and on all types of national and international IP litigation issues regarding patent protection, trademark infringement and counterfeiting, copyrights, domain name disputes, as well as registered design and the enforcement of other various IP rights against third parties.

Practice Highlights.

A selection of our deal highlights includes advising:

A leading German telecommunications company, in connection with the protection of its trademark portfolio in Romania against third-party infringements of its reputed trademarks in Romania, including the Magenta colour trademark owned by the client.
A Chinese multinational telecommunications equipment and systems company (and its Romanian subsidiary), in connection with a patent infringement case brought in several jurisdictions across the world by a renowned patent troll.
One of Romania’s key private broadcasters, a member of a major media group, with regard to different copyright-related matters in the relationships with cable companies, especially with the cable market leader.
A major technology company, in respect of the intellectual property rights-related aspects entailed by the launch of the Romanian services of its on-demand music and video store.
The operator of the most important online retail platform in the world, in connection with the protection of its trademark against infringements by third companies, as well as in relation to the implementation of a complex system of agreements regarding the transfer of intellectual property rights.
One of the biggest pharmaceutical retail chains in Eastern and Central Europe, owned by a major investment firm, on the acquisition of the largest and most important integrated pharmaceutical group in Romania. Our mandate covered, amongst others, the effective transfer of the intellectual property rights, as well as an impact analysis of the acquisition on the intellectual property rights subject to multiple agreements concluded with third parties.
One of the world’s leading innovative medicines producers, with respect to the protection of its patent and trademark rights, including drafting, submitting, and representing the client before the Romanian courts in preliminary injunction requests and patent infringement court actions. Our work involved drafting and filing the intervention application with the relevant authorities, as well as upholding the client’s IP rights before a number of regulatory authorities against companies.

A major pharmaceuticals company, in respect of the entire array of intellectual property aspects entailed by the internal restructuring process, currently undertaken further to the acquisition of a European-based pharmaceutical company.
A global biopharmaceutical company, in court proceedings involving the cancellation of the registration of a trademark confusingly similar to an International Non-Proprietary Name (INN) for a pharmaceutical substance produced and traded by the company.
One of the world’s leading producers of innovative medicines used in the treatment of psychiatric diseases, in respect of the enforcement of its patent rights in Romania. Further representing the company in both patent annulment cases initiated by generic companies, and in court proceedings referring to its patent infringement by other companies.
A Taiwanese manufacturer of medical devices, in a dispute initiated by a presumed inventor of a medical device, both in the interlocutory injunction proceedings and in the proceedings on the merits of the case.
The country’s largest retailer of food products, in relation to a whole array of intellectual property law-related matters triggered by the organizing of a national advertising campaign promoting food products originating in Romania.
The leading English university press trust, on the copyright and related rights regulatory framework in Romania.

Other representative mandates of our Intellectual Property practice includes advising:

A major banking institution in Belgium, in litigation proceedings against a Romanian-based insurance company, for the enforcement of the trademark owned by the client.
A leading Romanian low-cost airline company, regarding trademark portfolio management-specific issues ranging from registering an elaborate assignment agreement with the Romanian State Office for Inventions and Trademarks and ensuring the extension of protection of the client’s relevant trademarks.
An important European producer of biological medicines, in a dispute with a Romanian importer regarding the unauthorized use of the client’s protected trademark on products subsequently placed on the Romanian market.
A global biopharmaceutical company and several of its subsidiaries in connection with threats concerning the launch in Romania of a generic version of a top-selling HIV medicine, more than five years before the expiry of the patent protection thereof.
A leading worldwide alliance of DIY products suppliers, in a court case concerning the continuous infringement of its well-known trademark by its former distributor, part of a European chain of DIY retailers.
One of the most important brokerage companies in Romania, in connection with the negotiations leading up to the acquisition of specific brokerage software from an Indian developer.
The Romanian branch of a global humanitarian aid organization, in respect of different contentious matters concerning the infringement of its exclusive trademark rights.
The local subsidiary of the world’s largest cosmetics company, in several disputes concerning the infringement of its luxury division trademarks by Romanian entities via unauthorized import and the sale of counterfeit products.
The owner of an online music streaming service, in connection with the extension of the company’s services in Romania, particularly regarding the negotiation with the Romanian body of collective management of the licensing fees for the service provided in Romania, after having amicably settled a dispute with the collective management body regarding the non-payment of the amounts due.
A company active in the field of research and development of microalgae and other biological systems, to represent the client before the State Office for Inventions and Trademarks.
A top investment fund active in Malta and the Baltic countries, in connection with the acquisition of the McDonald’s branch in Romania, our mandate covering both the analysis of the intellectual property aspects involved in the acquisition procedure and the drafting and negotiation of sales and franchise agreements.
One of the largest software developers in Romania, in an innovative dispute regarding the unauthorized use of trade secrets and other confidential client information by a competitor who obtained such information from a due diligence report.
The largest Romanian retailer of motor vehicle spare parts, in connection with the import of independent after-market spare parts for motor vehicles, from the perspective of the new legal framework enacted by the legislator governing the penalties imposed in relation to the sale of counterfeit spare parts.
The leading Romanian music record labels, in a dispute concerning the duty to pay to collective societies the music stamp tax, applicable to each record sold in Romania. This mandate provides us with the unique opportunity to explore the legality of a tax which has no parallel in the EU, as it is not royalty-related and directly finances the activity of collective societies.
A leading manufacturer of innovative medicines, in connection with potential actions against threats of the launch of generic medicines infringing the client’s exclusive patent rights.
A Romanian research institute and a national foundation, in a complex dispute regarding the copyright translation of a work of Prince Dimitrie Cantemir, involving alleged plagiarism by the new translator of the previous translation.
One of the most reputed German producers of machinery used in the wood processing industry, for the purposes of securing protection over its patent portfolio in Romania.
A major Romanian FMCG producer, in two disputes regarding the infringement of its trademark designating the leading brand on the Romanian seed and nuts market, as well as the industrial design and model related to such trademark.
A pharmaceuticals company in Romania, in respect of the registration with the Romanian Trademarks Office of several trademarks serving as lead message bearers in a promotional campaign for anti-vertigo innovative medicines. Our mandate covers the entire registration procedure and the liaison with the Trademarks Office.
A leading Latvian innovative pharmaceuticals group, with regard to several trademark-related disputes engaged against generic companies trying to obtain registration of confusingly similar trademarks for their generic products.
A leading European broadcasting group, in respect of providing legal assistance and representation concerning all copyright issues involving the client’s activity as the third largest private TV broadcaster in Romania.
A pharmaceutical company, in respect of several research mandates concerning the protection enjoyed in Romania by different European or international patents.
A Romanian collective management organization for phonograms producers, as counsel for matters pertaining to the collective management of copyright in Romania.
A French national institute, in respect of an opposition procedure against the registration of the Patrimonio indication of origin as a national trademark by one of the leading players on the Romanian wine production market.
A major global producer of seeds and other agricultural products, in respect of the IP issues concerning the protection of plant varieties in the context of the internal restructuring of the group.
One of the top tier producers of originator medicines worldwide, in connection with the protection of several of the group’s trademarks and patents that are also valid in Romania.
The Romanian subsidiary of a major worldwide brewery, with respect to various IP rights-related matters following the acquisition of a Romanian brewer.
One of the world’s leading telecom providers, in proceedings against the infringement by a Romanian entity of its trademark rights in an online reality show and the registration with the Romanian Trademarks Office of a trademark confusingly similar to the one held by our client.
An international sports organization and its affiliate in Romania, in several disputes concerning the infringement by third parties of the IP rights of our clients over the Olympic Trademarks and Symbols, protected in their favor by the Olympic Charter, recognized through international arrangements regarding the world sports movement and the organization of periodic sports competitions.
A leading tech company, in respect of copyright-related issues concerning the revision of its current labor law framework applied to its employees in Romania. Our work consisted of providing tailored advice in respect of the clauses to be inserted in the labor agreements, so that copyright resulting from the work of the employees is protected in favor of our clients.
A leading machinery manufacturer, in respect of trademark infringement proceedings against its former Romanian distributor.
Various international brands, in connection with the structuring and implementation of a franchise network in Romania and neighboring countries.
One of the leading UK designers, in respect of a trademark infringement case initiated against a Romanian company counterfeiting its products and placing such counterfeits on the Romanian market.
A reputed Romanian TV producer and publicist, in connection with the protection of copyrights associated with various TV production agreements and literary works editing agreements with one of the most reputed Romanian publishing houses.
A major pharmaceutical company, following the acquisition of a large private pharmaceutical group of companies in Romania, in one of the first pharmaceutical patent-related infringement proceedings in Romania. The firm also successfully represented the company in legal proceedings for the protection of its trademark against another European pharmaceutical company, in a case relating to unlawful import in Romania of counterfeit medicines under the trademark.
Several international brands, in relation to administrative and legal proceedings (as well as out-of-court negotiations) for the purpose of removing from the Romanian market counterfeit goods bearing, embodying, or incorporating our clients’ trademarks or technologies.
An international producer and retailer of electronics, in acquiring the rights over inventions created by its employees in Romania.
A luxury hotel in Sibiu, with respect to its affiliation to an international hotel chain via the implementation of a franchise agreement, following a complex assignment involving an exhaustive due diligence, drafting comprehensive supporting documentation, and negotiating the franchise contract.

A leading Romanian NGO focused on leadership matters, in respect of the protection of its IP rights connected with the materials and presentations prepared by different Romanian and foreign personalities lecturing at such courses and trainings.
A leading UK publisher of the largest selling dance music magazine, before the Romanian courts in a trademark annulment case, as well as during the oppositions and appeals lodged before the Romanian Trademarks Office for preventing the registration of confusingly similar trademarks.
A large television group, in relation to obtaining copyrights directly from the producers or from the Romanian copyright protection bodies. Furthermore, we assisted the client in respect of the launch and broadcast of various TV advertisements, advising on the enforcement of IP rights in relation thereto, as well as opining on the compatibility of said advertisements with the rules and principles of comparative advertising law and trademark dilution.
A member of an organisation with the mission is to help improve the quality of life for the poor and disadvantaged people of the world, and those affected by calamity and conflict, in connection with the protection of its IP rights against the illegal use of trademark and domain name by a Romanian association active in the humanitarian field.
A British-American technology corporation specializing in audio noise reduction, audio encoding/compression, spatial audio, and HDR imaging, with respect to the counterfeit goods of a local company featuring, bearing, embodying or incorporating Dolby intellectual property rights.
A cultural magazine, one of the oldest post-communist Romanian cultural magazines still appearing in print edition, on pro bono basis, in respect of different copyright aspects.
An American film production company, in relation to copyright protection over the Romanian translations of a trilogy, developed by the company as theatrical motion pictures.
One of the most popular Romanian pop artists of the moment, in a complex litigation concerning an infringement of his copyright over a musical piece.
One of the leading providers of integrated IT solutions and digital marketing in the auto retail industry, in a complex dispute regarding the infringement of both the copyright and the protected trademark owned by our Client.
An important international manufacturer of tobacco products, in connection with patents litigation aspects and in respect of potential patent infringement relating to enforcing a patent application.
A company dedicated to the research & development of highly-innovative medicines, in respect of a patent infringement matter relating to the early release of generics on the Romanian market, damaging a lead innovative medicine used in the treatment of nervous system conditions.
The local subsidiary of one of the leading company in the pharmaceutical industry, with respect to the intellectual property aspects in the contractual agreements regarding cooperation with scientists who perform scientific research for the Client, in order to correlate our findings with copyright and patent law requirements.
One of the most important herbal teas and natural remedies manufacturer, in a major project involving trademarks registered for dietary supplements and for medicines, which lead to a cross dispute with a leading generic pharma company before the Romanian Office for Inventions and Trademarks in opposition proceedings and before the courts in a trademark revocation claim.
A company in the automotive industry based in Romania, in defending against several alleged trademark infringements acts on their website with respect to third parties’ trademarks and in a dispute in which their trademark application was challenged by an earlier trademark’s owner.
A prominent company in the coffee industry from Germany, in the opposition proceedings regarding a trademark application for registration of a highly similar sign with one of their earlier trademarks before the Romanian Office for Inventions and Trademarks.
A global leader in the production of equipment and chemicals for pools and swimming facilities from Spain, in relation to the unlawful use of their well-known trademark, in complex litigation proceedings involving trademark infringement and preliminary measures for securing evidence against the infringer.
A large Romanian company in the meat industry, in connection with IP matters in the labeling of their products, focusing on trademarks and the risks and implications from both the trademark prosecution perspective and consumer protection point of view.
A well-known company in food delivery services in Romania, in connection with specific queries relating to various software license agreements and negotiations for concluding an agreement covering the European territory regarding the coexistence of the parties’ trademarks.
A member of a major global luxury goods conglomerate, in relation to opposition proceedings before the Romanian State Office for Inventions and Trademarks concerning the registration by various companies of national trademarks consisting of signs identical to their well-known trademarks.
A rapidly growing food company with activities in more than 50 countries, either directly or through strategic partnerships, as a portfolio manager for their Romanian trademarks, assisting and representing them in proceedings before the Romanian Trademarks Office.
A leading global appliance company with a century of activity in more than 150 markets, with respect to the marketing campaign for the launch of a new product range in Romania, from a trademark law perspective.
An established and successful fashion company, in representing them before the Romanian State Office for Inventions and Trademarks as a portfolio manager for their trademarks regarding all proceedings for trademark registration, transfer, and renewal.
One of the largest local auto service groups in Romania, in connection with various trademark matters, both in defending against allegations of third parties regarding trademark infringement, and in challenging their trademark application for the registration of one of their trademarks.
An important online platform providing a wide library of music, in regular matters regarding the management of the IP rights of the artists and performers, focusing on the mandatory collective management of copyrights in Romania versus the option to individually manage and collect copyrights for ambient music provided by the platform.
A major company providing consulting, digital, and technology services for various industries, in a complex project requiring multidisciplinary legal expertise on various areas, including IP matters, focusing on securing effective protection of their trademarks and copyrights.
One of the world’s largest independent land and seafloor geophysical companies, in negotiating a software license agreement with a local firm active in the geological, geophysical, and oil & gas business in Romania and worldwide.
A renowned online music streaming service, in relation to entering the Romanian market, negotiating with the competent collective management society in Romania, and concluding an agreement allowing the service to operate in Romania, along with day-to-day assistance in managing IP legal risks associated with their business model under Romanian law and market practices.
A major telecommunications company, in connection with various IP issues in the audiovisual field, considering the particularities of Romanian law.
An important local real estate developer, in a complex and multidisciplinary project regarding a transaction of immovable assets, addressing legal aspects regarding intellectual property rights, including trademarks, copyrights, and domain names, as well as concluding trademark transfer and license agreements.
A global cloud-based information security company, in a major due diligence project assessing misclassification risks raised by technology transfer agreements concluded under various jurisdictions’ laws, with implications under Romanian law, focusing on copyright issues.
A company in the restaurant and catering industry, in legal proceedings involving intellectual property and unfair competition aspects in the context of a breach of a non-compete clause in a contract.
A significant company in the local pharmaceutical industry involved in the wholesale distribution and import/export of medicines and medical devices, in a due diligence project assessing intellectual property risks associated with the acquisition of another major Romanian distributor of pharmaceuticals.
The world’s largest video game company and a significant social media and investment corporation, in a project regarding the financial implications and regulatory risks in the context of launching a streaming platform for entertainment.
Major Chinese investors active in the Romanian and European markets, managing their intellectual property rights with a focus on trademarks and designs, handling registration, renewal, and related proceedings before the Romanian State Office for Inventions and Trademarks and the European Union Intellectual Property Office.

“The Intellectual Property group is praised for its prompt and practical advice. It regularly works in conjunction with several other departments, an asset that is highly valued by interviewees.”

Chambers & Partners

“This is a law firm with experience in this field through some very interesting cases.”

Chambers & Partners

The firm is “strong in patent and trade mark infringement disputes, predominantly acting on the prosecution side and is highly endorsed for market experience”.

Chambers Europe

Clients are impressed by the team at this “incredibly responsive” firm, noting that “it seems like someone is available 24 hours a day”.

Chambers Europe

“This 12-strong IP group handles litigation for a wide variety of clients.”

Chambers Europe

Clients appreciate the firm's “competence and timely manner”, acknowledging that the “service they provide is excellent and we always feel confident that what we ask from them will be delivered”.

Legal 500

Clients praise the “enthusiastic team, and highlight the firm’s excellent resources and good working relations with the authorities”.

Chambers & Partners

“Mușat & Asociații - indefatigable Romanian giant [which] retains an impressive list of corporate clients and virtually unparalleled contacts with government agencies.”

Chambers & Partners

Clients applaud the team's “innovative preparation of the legal strategy”, asserting that “they take the time to consider all possible courses of action”.

Chambers & Partners

Clients noted the lawyers’ “timely and responsive” style: “They answer all enquiries promptly and concisely”.

Chambers & Partners

Clients about Mușat & Asociații’s lawyers: “High level of professionalism and involvement, innovative spirit and original solutions.”

Chambers & Partners

“Easily compete with any international firm in terms of presence, expertise and vision.”

Chambers & Partners

“Muşat & Asociaţii exceeded our expectations every time we requested their advice. They are one of the few full service law firms in Romania, thus having the capability and knowledge to provide integrated legal advice.”

IFLR 1000

Clients praise the firm for its “quick understanding of the needs of the client, strong competence on Romanian law, and familiarity with international legal practice”.

Legal 500

“Interviewees say they are drawn to the firm for its “responsiveness and client-focused approach”.

Chambers & Partners

“Clients of Mușat & Asociaţii appreciate the firm’s ‘ability to provide efficient legal services but also proactively meet the client’s needs.”

Legal 500

Muşat & Asociaţii`s “highly competent, serious and reliable” lawyers provide “client-oriented advice and have extensive experience”.

Chambers & Partners

“Very capable, prompt, good knowledge and oriented to fulfill the customer needs.”

Legal 500

“Reliable, responsive, detailed, and excellent client communication. The team has assisted us in complex litigation in Romania for several years, and we feel confident in their advice and representation.”

Legal 500

“Highly respected team with excellent knowledge of the field, they offer good solutions and they are able to understand the most complex legal cases.”

Legal 500

“They provide exceptional quality of work with a great team of lawyers displaying depth of knowledge.”

Legal 500

“A firm with international standards and an important local player.”

Legal 500

Clients say: “A very responsive and solution-oriented team, that applies both western standards and local knowledge”.

Legal 500

Clients appreciate Mușat & Asociații for its “strong, dynamic, professional and loyal” team.

Legal 500

Mușat & Asociații fields a team of “dedicated, efficient, professional” partners.

Legal 500

Interviewees report that the members of the team are “experienced, responsible and detail-oriented”.

Chambers Europe

One source values the “very smooth and efficient” co-operation with the team, adding that all team members are “responsive and hard-working”.

Chambers Europe

A satisfied client notes: “The lawyers always come up with good solutions”.

Chambers Europe

Clients report that the firm offered “very good legal support,” underlining that the lawyers are “very helpful and very responsive”.

Chambers Europe

Clients appreciate the firm's comprehensive support, with one highlighting that the lawyers “consistently work extremely well.”

Chambers Europe

Clients say: “The lawyers provide solutions, undertake proactive initiatives, provide ongoing support, are quick to answer and are very efficient and knowledgeable”.

Chambers Europe

Clients say: “The lawyers have a good legal understanding and communicate in a proactive and timely manner”.

Chambers Europe

“Excellent on all fronts”, Muşat & Asociatii is “highly rated, has a lengthy track record” and “well-trained and professional lawyers”.

IFLR1000