LITIGATION AND COUNTERFEIT IN INDUSTRIAL DESIGN

The unlawful reproduction of an industrial design for the purpose of manufacturing products of an identical appearance, the manufacture, offering for sale, selling, importing, using or the storing of such products for the purpose of putting into circulation or using them, without having the consent of the owner of the certificate of registration of the industrial design, during the period of validity thereof, shall constitute the offense of counterfeiting of the industrial design and shall be punishable by imprisonment of between six months and two years or by a fine of 1500 to 3000 lei.

Criminal proceedings shall be initiated by the preliminary filing of a complaint by the prejudiced party or ex officio .

For the caused prejudices, the owner is entitled to damages according to the Common Law, and may apply to the competent law court to order the seizure, or, as the case may be, the destruction of the counterfeited products; these provisions shall also apply to materials and equipment that were directly used for committing the offence of counterfeiting.

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