Nitor in Adversum
Intellectual property
Intellectual and industrial property constitute fundamental elements of any business venture and are to be found in all areas of any enterprise, regardless of whether it is conducted through natural or legal persons. This fact is truer now than ever, thanks to the constant advancements in technology and artificial intelligence.
Chiuariu & Associates – Consultancy in Intellectual Property offers services of legal assistance and representation in all areas of intellectual property, including proceedings which take place both before and outside of courts, as well as the creation, exploitation, protection, and valorisation of intellectual and industrial property rights.
Our firm offers legal consultancy, as well as technical, including business strategies in the field of intellectual property.
With a team comprised of attorneys which are specialized consultants in industrial property, we offer to each client the best solutions to issues related to patents, trademarks industrial designs, copyright, and domain names, all in a clear and concise language.
In addition, we provide assistance and representation in litigation both before ordinary and administrative courts, regarding all kinds of claims pertaining to the area of intellectual and industrial property, as well as disputes (on counterfeiting, cancellation, and damages) related to trademarks, patents, industrial designs, the recognition and observance of copyright, domain names and unfair competition.
In order to ensure assistance of the highest quality in procedures related to patents and other procedures which imply technical expertise, be they administrative or judicial, we collaborate with the best specialists in many technical fields.
Consultancy and representation services
Consultancy and representation services
National patents
- The drafting of the patent request and its filing with the State Office for Inventions and Trademarks (OSIM).
- Assistance and representation in administrative procedures involved in obtaining protection titles.
- Assistance and representation in the patent withdrawal procedure.
International patents
- International patent applications in conformity with the Treaty on Patent Cooperation (PCT).
- Drafting the request for a patent and its filing at the competent authority.
- Assistance and representation in the administrative procedures laid out by the PCT.
European patents
- Drafting and filing the request for a European patent.
- Assistance and representation in front of the European Patent Office, in the administrative procedures of obtaining the patent or in opposition to an already existing European patent.
- Setting out the strategy for validating the patent in the states which are signatories of the European Patent Convention.
Certificates of Supplementary Protection (CSP)
- Filing the request with OSIM.
- Assistance and representation in the procedure for obtaining a CSP for medicine and products used in plant protection.
Creparation of documentation for the patent
- Encompassing research on patents in existing national and international databases.
- Research on patentability.
- Investigations on ascertaining whether a patent is null, with legal opinion.
- Preliminary research on the patent rights that derive from the release of pharmaceutical products on the market.
Managing the patents portfolio
- Developing patenting strategies at the international level.
- Monitoring patent requests and granted ones.
- Monitoring and payment of taxes for keeping the patent in force.
Services of consultancy for pharmaceutical companies
- Assistance and representation in problems pertaining to industrial property during the procedure for obtaining the authorization for placing pharmaceuticals on the market.
- Drafting and filing the request for utility models.
- Assistance and representation in the administrative procedures of obtaining utility models.
- Drafting and lodging lawsuits for cancelling registered utility models.
- Choosing and creating a trademark which suits the marketing needs of the client.
- Researching the availability of the trademark.
- Filing the trademark request.
- Assistance and representation in the trademark registration procedures with OSIM.
- Assistance and representation in the trademark registration procedures with the Bulgarian, Moldovan, Ukrainian, Serbian, Hungarian, Croatian, Montenegrin and Polish equivalents of the OSIM.
- Assistance and representation in the registration procedures of an EU trademark with the Office of Harmonization in the Internal Market (OHIM).
- Assistance and representation in the registration procedure of an international trademark with the World Intellectual Property Office.
- Monitoring and challenging identical or similar trademarks at national, international and EU levels.
- Strategies for obtaining international and European protection.
- Managing the trademark portfolio.
- Monitoring the availability of trademarks and payment of renewal taxes.
- Registering domain names.
- Solving conflicts between domain names, trade names and trademarks registered, either through alternative methods or before a court.
- Research on the required paperwork.
- Drafting and filing requests for industrial design registration.
- Assistance and representation in the registration procedure involving a national or European industrial design.
- Managing the industrial designs portfolio.
- Monitoring services and payment of renewal taxes.
- Consultancy and representation in the field of copyright infringement.
- Legal assistance and representation before the Romanian Office for Copyright and before collective management entities.
- Assistance in negotiating, drafting, and reviewing licensing agreements and granting of intellectual and industrial property rights.
- Assistance and representation in pre-trial procedures (drafting and sending notifications, negotiating, amicable conflict resolution);
- Evaluating alleged cases of infringement of intellectual or industrial property.
- Assistance and representation before courts in intellectual and industrial property litigation (counterfeiting lawsuits, actions for annulment etc.).
- Assistance and representation relating to the protection, validity, infringement of intellectual and industrial property rights pertaining to trademarks, designs, patents, trade names, domain names and copyright.
- Assistance and representation in counterfeiting lawsuits, including damages, annulment of rights on trademarks, designs, patents, trade names.
- Lawsuits for withdrawal of trademark-related rights.
- Lawsuits on the recognition of the status of author and copyright infringement.
- Assistance and representation in mediation and arbitration proceedings.
RECENT WORK
- Assistance provided to an important Romanian football club in a serios of disputes related to protection of intellectual property rights on a notorious, well-known trademark.
- Assistance provided to an established Romanian football club in a series of actions related to the track record, against a competing team.
- Defended the creative director of a well-known local fashion company, in relation to his intellectual property rights over designs and models incorporated in fashion creations.
- Assisted and represented the former president of the World Fudokan Federation in relation to the prolonging of intellectual property rights over European trademarks.
- Assisted a local football club in relation to its intellectual property rights.
- Represented a natural person in a series of lawsuits involving intellectual property rights, against a local company from telecom sector.
- Assisted a world-renowned pharmaceutical company in litigation related to intellectual property rights over patents on generic pharmaceuticals.
- Legal representation of an important European pharmaceutical company in a intellectual property claim against a competitor.
- Assistance and representation of an prominent player on the world energy drink market in litigation regarding intellectual property rights.
- Defended a world-class telecom company in litigations involving multiple jurisdictions, on intellectual property rights.
- Assistance and representation related to computer software-related intellectual property.
- Assistance and representation provided to a famous music band and record companies, renowned on the Romanian market, in copyright-related lawsuits.
