Posibilitatea acordării de daune materiale și morale titularului mărcii, în cazul săvârșirii infracțiunii prevăzute de art. 102 alin. (1) lit. b) din Legea nr. 84/1998 privind mărcile și indicațiile geografice
The possibility of granting material and moral damages to the trademark owner, in case of committing the crime stated in art. 102 para. (1) let. b) of Law no. 84/1998 for trademarks and geographic indications

Summary/Abstract: By means of this study I consider to analyse the possibility of granting material damages as well as moral damages to the brand proprietor in case of a person being held responsible for committing the criminal offence stated in article 102 paragraph 1 letter b of Law no. 84/1998, consisting in marketing a product bearing a brand identical or similar to a trademark for identical or similar products. In practice, the courts are vested with judging acts of trading with counterfeit clothing or cosmetic products, the civil case introduced by the brand proprietor being solved in a contradictory manner by the courts, existing a non-unitary practice regarding granting the material or moral damages. In this study I shall analyse the solutions offered by the courts regarding granting or not granting material or moral damages, as well as the considerations on which they were based, following in the end to present my opinion regarding the solution which should be ordered in the civil action for such hypotheses.

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