Intellectual Property & Data Protection

Intellectual Property & Data Protection

Leroy si Asociatii has extensive expertise advising on high-profile transactions.“ – Legal 500

Intellectual Property

Leroy și Asociații has a longstanding experience both in consultancy and litigation related to intellectual property.

In the context of an increasingly-connected and technological world, intellectual property becomes an essential tool. Our lawyers assist and represent clients in all proceedings necessary for the registration and protection of their intellectual property rights. Moreover, our lawyers have a thorough understanding of the business challenges related to intellectual property and are perfectly positioned to advise on the development of a strategy for an optimal management of the intellectual property portfolio. Our IP team has a wide perspective on both national and European aspects of intellectual property law, as well as a deep knowledge of the interplay between intellectual property, international private law and the latest technological developments.

Pre-registration, registration and post-registration proceedings

  • We assist and represent our clients throughout all registration stages for trademarks, geographical indications, design and models, patents, domain names, copyright, rendering legal services referring to availability researches, registration assistance, legal due diligence and/or IP portfolio management.

IP litigation

  • Our lawyers have experience in disputes with respect to the validity or infringement of intellectual property rights, opposition proceedings and appeals against decisions of the national patent office, emergency procedure injunctions and actions to establish title, cancelation for lack of use, counterfeit seizures or unfair competition.

Commercial agreements

  • Our intellectual property lawyers assist on drafting and negotiating various agreements relating to intellectual property rights or IP-related contractual clauses of other complex agreements.
Representative highlights:
  • Advising a major Romanian mobile telephone operator regarding the protection of its intellectual property rights.
  • Advising an international agro-business group on negotiating and drafting trademarks license and transfer agreements in connection with the acquisition of a leading dairy producer in Romania.
  • Advising a major Romanian car manufacturer in connection with the implementation of procedures aimed at ensuring the protection of its intellectual property rights.
  • Advising a major international truck manufacturer on the registration of its trademarks in Romania.
  • Advising a major international DIY company in connection with the registration of its trademarks in Romania and the acquisition of rights over certain national trademarks.
  • Advising a Romanian company on drafting and negotiating a patent assignment agreement referring to a cyanide-free gold mining method.
  • Advising a renowned French designer on drafting and negotiating a copyright assignment agreement in connection with an haute couture collection.
  • Advising a French publishing company before the Bucharest Court of Appeal in connection with a copyright litigation initiated by a Romanian author.
  • Advising a leading intellectual property firm assisting the European Commission on obtaining “image right” authorisations under Romanian law in relation to photographs used by the European Commission to illustrate its activities.
  • Advising a major French group on a dispute regarding the registration of one of its trademarks in Romania.

Data Protection

Data Protection is a rising practice in our firm, gaining more and more consideration among our clients. In a globalised economy, when technology is developing rapidly, businesses face enhanced challenges in the field of privacy and data management in the context of evolving regulations.

Our team has a significant expertise in advising clients on a whole range of data protection issues, from compliance to operations on data and interactions with the national data protection authority. Our lawyers regularly advise clients on regulatory related matters, draft privacy regulations and data security and confidentiality rules and assist clients in the notification and/or authorization process.

Data protection and privacy rights have recently been subject to a major reform at EU level. Our lawyers have a broad experience in technology and European law, being in a position to handle all data protection issues, particularly in relation to the General Data Protection Regulation, the new issues raised by cloud computing, e-commerce and m-commerce, as well as social media and to monitor the practice of the national data protection authority.

Representative highlights:
  • Advising a leading luxury brand on compliance with the national data protection rules, assessing its customers’ policies and updating the security and confidentiality of data policies.
  • Advising several companies on the transfers of personal data abroad.
  • Advising several companies on their processing of personal data through CCTV surveillance systems.
  • Advising a European banking institution on the data protection issues in connection with the setting up of a worldwide employees saving plan opened to the employees of the Romanian subsidiaries.
  • Advising the Romanian branch of a European financial institution on data protection issues in connection with the opening of an online trading platform for sophisticated financial products to natural persons.
  • Survey on national data protection regulations in connection with a EU Commission mission for the protection of children on the Internet within the EU.
  • Advising the subsidiary of a leading European banking institution in connection with data protection matters regarding the implementation of FATCA rules.