INDUSTRIAL DESIGN CUSTOMS CLEARANCE IN ROMANIA

The owner of a registered industrial design may ask the law court:

a) To order insurance measures, when there is a risk of infringement of the rights in a registered industrial design and if this infringement is likely to cause an irreparable prejudice or if there is a risk of destruction of evidence;

b) To order, immediately after the customs clearance procedures, measures for ceasing the infringement of the rights in a industrial design committed by a third party when putting onto the market imported goods that imply a prejudice to these rights.

For ordering insurance measures, the provisions of the Common Law are applicable. In taking the insurance measures ordered by the law court, a guarantee sufficient to prevent the abuses may be requested by the plaintiff.

The law court shall ask the plaintiff to provide any possible evidence in order to prove his status of owner of the infringed right or of the right whose infringement is unavoidable.

If the evidence in support of the plaintiff’s claims is under the control of the defendant, the law court may order that the defendant should produce the evidence under confidential conditions, in accordance with the law.

The law court may order that the infringer of the rights conferred by the certificate of registration should provide immediate information regarding the origin and the distribution circuits of the counterfeited goods as well as the identity of the manufacturer or of the merchant on the condition that this measure should not be exaggerated as against the gravity of the prejudice caused to the owner’s right.

The customs authorities may order, either ex officio or at the request of the owner of the registered industrial design, the suspension of the customs clearance procedures on the importation of the goods in the cases mentioned above, until the pronouncement of the decision of the law court.

 

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