Mușat & Asociații’s IP legal team is one of the largest teams on the Romanian market for legal services dedicated to Intellectual Property. The team is best known for handling landmark cases, for delivering innovative solutions and generally for treading new paths in Romanian intellectual property law. Our approach is a reflection of the multidisciplinary interests and academic backgrounds of the partners in the team and therefore implies a deep analysis of novel questions of IP doubled by a broad perspective into fields of law and research that have a bearing on matters of IP rights, such as competition law and pharma law.
Over the years, Mușat & Asociații’s Intellectual Property practice has continued to break new ground in intellectual property law and has focused on complex matters where it has proven to be an innovator.
M&A’ offers a comprehensive range of IP services and legal assistance at all levels in matters relating to patents, trademarks, design, licensing, copyright, domain names and unfair competition.
Out team has developed highly-regarded skills in the field of prosecution of industrial property, ranging from basic registrations to complex writs and debates in opposition and appeals procedures before the boards of appeals within the Romanian State Office for Inventions and Trademarks, European Union Intellectual Property Office and WIPO.
We manage medium to large IP portfolios, trademarks, designs and patents for our national and international clients active in the fields of pharmaceuticals, telecommunications, media, air transport, just to name a few, ranging from trademark infringement to patent annulment, unfair competition claims, drafting and negotiating complex IP licenses and assignments, together with court claims involving expedite procedures such as preliminary injunctions.
We pride ourselves on being easy to work with, but will always act robustly to defend and promote our clients’ interests. We have the ability to understand our clients’ underlying business concerns and issues means that we can offer pragmatic, practical legal analysis based on our deep understanding of the challenges they face.
A ground-breaking partner for an ever-changing market
Muşat & Asociaţii is at the forefront of the country’s legal and business development,anticipating the evolving needs of its clients, thus acting as a pioneer in the field.
The firm has significant experience in obtaining trademark and service mark protection both in Romania and European Union. In addition, the firm provides other trademark related services such as trademark searching and clearance, trademark filing, maintenance, licensing and assignment, and protecting services such as cancellations and oppositions before the Romanian Trademark Office (OSIM), European Trademark Office (EUIPO) and their boards of appeal.
M&A trademark team is recognized for their strong expertise, responsiveness and dependable trademark services, highly qualified lawyers and certified Romanian and European Trademark Attorneys offer complete trademark assistance with complex enforcement or litigation services in infringement and anti-counterfeiting actions before courts and administrative enforcement authorities including customs and police.
Allocating one attorney as a designated portfolio manager is the best way to obtain a solid client relationship, whether assisting on a full range of services or on case basis.
PATENTS & FREEDOM TO OPERATE
M&A is ranked amongst top tier in Romania in patent prosecution and contentious categories, and as a full service IP firm we will be your preferred partner in any Romanian or European patent related matter. Our highly qualified team of attorneys offers professional expertise relating to patents within all fields of technology.
Third party intellectual property rights can effectively hinder utilization of your invesntions. Our unique team of attorneys and patent agents is experienced in handling complex freedom-to-operate analysis in cooperation with the client. Our assessments regards the risks of infringement in existing rights, preventing the conflicts by strategic counseling to secure investments.
Our team is well experienced in identifying the needs and finding the best solution for securing the client’s products, our services range from clearance, filing, prosecution, maintenance and e
Our team is well experienced in identifying the needs and finding the best solution for securing the client’s products, our services range from clearance, filing, prosecution, maintenance and enforcement to court proceedings and litigation. We recommend design registration as form of protection for securing the client`s investments laid down in creating and developing a distinctive and competitive visual appearance.
nforcement to court proceedings and litigation. We recommend design registration as form of protection for securing the client`s investments laid down in creating and developing a distinctive and competitive visual appearance.
Designs, however, are often neglected, although the framework is relatively harmonized, but administrative practice regarding legislative interpretation is not coherent across the European Union, while intangible asset are diligent in securing their legal position by filing patent and trademark applications for their inventions and brands, registering domain names, etc.
The firm diligently carries out patent, design and trademark searches and analysis to assess the risk of launching and using products and brands, as well as opportunities for protection of rights.
Our aim is to solve any conflicts and develop customized applications to ensure the best possible protection, thus creating the basis for further development, investment and economic growth.
Our attorneys hold extensive experience in conflict clearance, application drafting, filing and prosecution, both in Romania and within the European Union.
We consider that every company needs a clear IP strategy, anchored into the business simply because the intellectual property portfolios constitute the main part of a company’s market value.
We have a keen experience in developing and establishing new products and brands on the market in order to establish and secure existing market positions.
M&A attorneys draft clear and cost effective strategies necessary for identifying and clearing client`s inventions, designs and trademarks for use, securing and utilizing their intellectual property rights and enforcing same against competitors and infringers. We handle current deadlines and ensure the necessary assignments are recorded against all existing applications and registrations.
We counsel our clients in ensuring their rights cover all the aspects of the business, and manage their portfolio to achieving their best interest. Identify needs and handle necessary changes so that the portfolio matches the client’s strategy for the utilization of intangible assets. We also provide monitoring services to identify competitors’ attempts to register or use any trademark, design, technology and other creations that infringe on our clients’ intellectual property rights.
The strategies we draw aims on the identification, protection and management of intellectual property assets, as well as the utilization and enforcement of intellectual property rights, in order to secure market shares and economic growth.
M&A’s team holds the extensive technical, legal and business experience to assist clients in developing the most valuable strategy that best suits long-term goals. A sound intellectual property strategy is critical to realize the value of the intangible assets, and Mușat & Asociații is your partner in achieving this goal.
Our attorneys are experts in analyzing potential infringements on intellectual property rights and counterfeiting and unfair competition cases. M&A possesses considerable expertise in all technical fields and, through interdisciplinary collaboration, we are therefore able to offer our clients unique expertise in the enforcement and litigation of all types of intellectual property rights.
We hold extensive experience in handling legal disputes, administrative procedures, negotiations, extrajudicial dispute resolution and litigation before the courts.
Although we are proud of our litigation and trial successes, we know that each dispute is unique and some matters are best resolved outside of the courtroom. Our team prides in working closely with our clients, approaching each matter creatively, and finding solutions that best fit the needs of the client.
Disputes referring to patents, designs, trademarks and copyrights may also be regulated by the unfair competition legislation. It prohibits copying of a third party’s product and disloyal market behavior while providing protection also of non-registered rights.
Unlike registered industrial rights, protection against unfair exploitation requires a subjective assessment of the alleged infringer’s intentions and business behavior.
Our legal team assists national and international clients in complex conflict matters, and holds extensive experience in the field of unfair competition.
Owning the right domain name is an enormous commercial value since the today’s trade is made mostly over the Internet. Many have experienced cases were their name or trademarks were registered as domain names by third parties, most of the times with no other interest than to sell it or to prevent the owner from using the domain name.
Domain names does not provide exclusive rights, reason for why we advise our clients to also secure their name as a trademark. It is important to have availability searches of the name before registering or purchasing domain names of interest to eliminate the risk that the domain name is useless due to prior, conflicting trademark rights.
Our team is well experienced in assessing legal risks referring to use and registration of domain names and trademarks, and in assisting clients in securing the domain names they opt for. We also assist in enforcement and dispute resolution relating to domain names, nationally and internationally, judiciary or by following ICAN`s, UDRP arbitrational procedures.
Our attorneys have experience working with copyrights and have the tools necessary to protect your creative works and to assist clients on various aspects of copyright related cases, including for the entertainment and music industry, and holds experience in handling matters of conflict, licensee negotiations and agreements or business specific agreements.
Copyright is in a continuous change due to development of digital technology. Nowadays, the ways of distribution of works are totally different and much faster.
Today, for copyright owners of their protected work, whether music, film, pictures or text, to control the use of their copyright, the Internet and the social media has made it difficult.
It is possible to register copyrights in Romania, but unregistered copyrights may nevertheless be prosecuted in the same way as any industrial property rights.
Our legal team combine the local expertise of leading private investigation agencies and regional certified agencies from Central & Eastern Europe, to perform in-depth comprehensive IP investigations.
We can assist our clients to uncover the necessary information which is to be transformed into legal evidence and proofs to successfully present a case before the judiciary authorities or to simply help the clients to protect their intellectual property assets.
Licensing of intellectual property rights is an effective tool for achieving one business’s goals.
M&A attorneys “tailor” license agreements to meet the business’s goals, with a view to secure the economic gain both for the licensor and licensee.
You may consider a trademark license agreement or a franchise agreement when intend for marketing a product or service and the trademark of that product is owned by others, or entering or expanding the existing market for your product or service for which your business owns the rights conferred by a trademark.
One may consider a copyright License Agreement necessary for manufacturing, distributing or marketing the results of the literary and artistic efforts of creators, or entering a market or expanding or extending your existing market for the literary and artistic efforts of your enterprise
Technology License Agreement help improving the quality of products or manufacturing new products using the rights owned by others in the form of a patent, utility model, or know-how protected by a trade secret, then acquiring such rights through a technology licensing agreement may be the right solution. Entering a market or extending your existing market for a product for which you own the rights to a patent, utility model or know-how protected by a trade secret, then authorizing another to use your process or product through a technology licensing agreement is the right solution.
A company’s know-how is often the most valuable asset of the company. Our team may diligently perform analyses of the company’s knowhow to ensure these values are secured through agreements, patents, trademarks, designs and utility models and implementing strategies and structures for efficiently and safely managing of knowhow within a company.
We perform due diligence to provide our clients a map of all intellectual property rights as well as assessments of risks and opportunities. The analysis of the company’s intellectual property rights is vital to ensure trade secrets and know-how are secured on exclusive behalf the company.
With a unique team of experienced industrial property agents and attorneys-at-law we ensure a structured approach and analyses in interdisciplinary collaboration with the owner of the rights.
On a day-to-day basis we are handling complex drafting and negotiating agreements, non-disclosure claims, license and technology transfer agreements, franchises, recording and publishing agreements and more.
COUNTERFEITING AND CUSTOM MATTERS
All legitimate businesses are threatened by counterfeiting, successful brands are to attract infringers, cyber squatters, grey marketers, counterfeiters or false advertisers.
The Internet and the social media has expanded unfair trading, as cyber squatters register domain names based on your brand, and use them to mislead the customers to competitors while making money in the process by sponsored links and click-through.
M&A has experience fighting counterfeiters of all kinds. Over the years, we’ve built extensive contacts with private investigators to public authorities. Our in-depth knowledge of civil seizures and our strong relationships with Customs agencies and law enforcement in Romania, Central and Eastern Europe are necessary in helping clients to react against counterfeiting activities.
We are known for being particularly strategic and efficient, whether the matter is settled amicably through negotiations or through judiciary procedures. Further, we advise our clients on how best to monitor their rights to prevent import, marketing and sale of counterfeit goods, and to ensure implementation of effective and adequate anti-counterfeit strategies.