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Country fiches: Romania

IP crimes are regulated in the specialised legislation in Romania. The violation of trade secrets is regulated in the Romanian Criminal Code. Romania is also one of very few countries, which has a separate criminal provisions on counterfeit food and medical products in the Criminal Code. In Romania, general provisions of criminal procedure apply to the investigation and prosecution of the intellectual property crimes. These crimes fall under the general rules of jurisdiction.

Verified in October 2023

National legislation

National legislation on intellectual property crimes

Copyright violations

Articles 193-200 of LAW no. 8 of 14 March 1996 on copyright and related rights

LAW no. 8 of 14 March 1996 on copyright and related rights:
LEGE 8 14/03/1996 - Portal Legislativ

Counterfeiting of trademark

Article 102 of the Law no. 84/1998 on trademarks and geographical indications

Counterfeit food products – Article 357 of the Criminal Code

Counterfeit medical products – Article 358 of the Criminal Code

Criminal Code:
COD PENAL (A) 01/04/2018 - Portal Legislativ

Law no. 84/1998 on trademarks and geographical indications:
LEGE (R) 84 15/04/1998 - Portal Legislativ

Patent violations

Article 55-56 of LAW no. 64 of 11 October 1991 on patents

LAW no. 64 of 11 October 1991 on patents:
LEGE (R) 64 11/10/1991 - Portal Legislativ

Industrial design violations

Article 52 of LAW no. 129 of 29 December 1992 on the protection of designs

LAW no. 129 of 29 December 1992 on the protection of designs:
LEGE (A) 129 29/12/1992 - Portal Legislativ

Violations of geographical indications of origin

Article 102 of the Law no. 84/1998 on trademarks and geographical indications

Law no. 84/1998 on trademarks and geographical indications:
LEGE (R) 84 15/04/1998 - Portal Legislativ

Violations of plant variety rights

Article 43 of LAW no. 255 of 30 December 1998 on the protection of new varieties of plants

LAW no. 255 of 30 December 1998 on the protection of new varieties of plants:
LEGE 255 30/12/1998 - Portal Legislativ

Trade Secrets violations

Article 304 of the Criminal Code

Definition of a trade secret – Article 1^1 lit.e of LAW no. 11 of 29 January 1991 on combating unfair competition

Criminal Code:
COD PENAL (A) 01/04/2018 - Portal Legislativ

LAW no. 11 of 29 January 1991 on combating unfair competition:
LAW 11 29/01/1991 - Legislative Portal

EMERGENCY ORDINANCE no. no. 25 of 18 April 2019 on the protection of undisclosed know-how and business information constituting trade secrets against their unlawful acquisition, use and disclosure, and on the amendment and completion of certain regulatory acts:
ORD DE URGENTA 25 18/04/2019 - Portal Legislativ

National contacts

Law Enforcement Agencies

The investigation of IP crimes fall under the competence of economic crime investigation structures, which is part of each County Police Inspectorate, as well as Bucharest General Police Directorate.

The coordinating, hierarchically superior police structure within the Romanian General Police Inspectorate is the Directorate for Investigating Economic Crimes.

Directorate for Investigating Economic Crimes

igpr@politiaromana.ro

+40 021 208 25 25

Şos. Ştefan cel Mare, nr. 13-15, Bucharest

Poliția Română

Prosecution

As a general rule, investigation and prosecution for IP crimes is carried by Public Prosecutor’s Offices attached to Local Courts, however the rest of the Public Prosecutor’s Offices can also prosecute IP crimes if special competence criteria attract their jurisdiction.

There is no specialised unit responsible for the prosecution of IP crimes.

Public Prosecutor’s Offices

+40 21 319 38 33

B-dul Liber-tăţii nr.14, Sector 5, Bucharest

Secţia de urmărire penală şi criminalistică | Parchetul de pe langa Inalta Curte de Casatie si Justitie

Judiciary

There are no specialised courts on IP crimes. This type of crime fall under general court system. The general courts are organised in a four-tier system: