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At-a-glance: State Office for Inventions and Trade marks (OSIM) 5, Ion Ghica Street, sector 3, Bucharest, Romania, Zip code 030044 Tel: +40 21 306 08 00, Fax: +40 21 312 38 19 Email: office@osim.ro Website: www.osim.ro In a small and very local... [more]

In a small and very local market, Romania's intellectual property is developing at a slow but steady pace. The understanding of IP's importance to an economy is increasing, alongside adjustment to EU practice. "There is still a lot to learn but there is a lot of progress," one practitioner says. "Now there is some better understanding and the market is coping better with infringement matters, for example." However, in times of crisis, funding is a problem as is the continuing political instability in election year. "The government is making efforts but the question is which government?" one partner asks.

Patent litigation doesn't generate much work for lawyers in Romania. But pharmaceutical litigation dominates what there is, alongside some mechanical work. On the other hand, enforcement in general and trade mark litigation is on the rise. "In times of crisis, it is more tempting to use the trade marks of others rather than develop your own. It's the temptation of a rapid profit," one practitioner says. "Also, there are numerous enforcement and infringement matters and seizures made by Customs."

The legal market in Romania is made up of IP firms and law firms. The law firms such as Musat & Asociatii, Nestor Nestor Diculescu Kingston Petersen and Tuca Zbârcea & Asociatii have set up sister IP entities. In fact, because of the financial crisis, the large law firms that used to handle real estate matters have somewhat redirected their focus towards intellectual property. Other law firms such as Zamfirescu Racoti Predoiu and Stoica & Asociatii are known for their strong litigation focus. Then there are IP agencies and boutiques that sub-contract lawyers. "It's mostly firms with patent attorneys and a few trade mark attorneys but not much litigation in-house," one partner says. "Law firms tend to handle litigation on their behalf."