Opinii privind infracţiunea de contrafacerea unei mărci
Opinions on the trademark infringement offense

Summary/Abstract: The idea of this study was especially suggested by the fact that in the specialized works, as a rule, the analysis of the offense of "counterfeiting of a trademark" is limited only to the slightly commented presentation of the provisions of art. 90 of Law no. 84/1998 on trademarks and geographical indications. In fact, after changing art. 90 through art. 1 point 59 of Law 66/2010 for amending and completing the Law no. 84/1998, no work can be identified in the field doctrine in which the legal content of this crime is thoroughly analyzed. Without claiming to remedy the reported situation, I am convinced that the proposed study may be a challenge to trigger a genuine scientific debate on this issue. Also, given some logical legal issues that are questionable, we do not propose only a proper analysis of the current regulations regarding the offense of counterfeiting a trademark, but a critical one, accompanied by the substantiation of some lender ferenda proposals for their improvement.

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