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Technology and intellectual property law is the synthesis of our firm's recognized strength in serving business organizations and its extensive regulatory and legislative capability. Our lawyers provide an integrated, inter-disciplinary and commercially focused approach to assisting manufacturers, retailers, traders, consultants, research & development divisions, brokers, service and solution providers in technology core industries such as computer science, software, high-tech consumer products and services, renewable energy, electronic and telecommunications, gaming and defense with simple or complex intellectual and industrial property, electronic communications, e-commerce, consumer, environmental, waste and data protection regulatory, policies, transactions and legislative objective matters.

No single area of law covers all commercial activity using high-tech consumer products, information and electronic communications technologies.

Technology law used to loosely describe the various principles of law that relate to the use of technology in research, development and commerce, usually elements of contract law and regulatory provisions concerning the freedom of the parties to contract as they wish. Technology law however, besides the simple term that brings together the areas of law that apply to a technology-based transaction or dispute, has become a diversified regulated area by the conglomerate rules applicable in the industry, especially those pertaining to consumer products and services, intellectual property, industrial property, research and development, copyright, patent, e-commerce, consumer, marketing, environmental, waste, anti-trust, trade secrets, international and EU law, ECJ and national jurisprudence, various regulatory, corporate and commercial matters, international taxation or data protection. Our technology practice brings together these separate areas of law to deliver well-rounded, knowledgeable commercial advice.

Our lawyers have advised cutting-edge technology and technology-based companies on a daily full-service basis, in groundbreaking transactions including major public acquisitions or with various consultancy services: computer science and IT consulting corporations such as CSC Computer Sciences Corporation, high-tech consumer products and services, manufacturers and retailers such as Robert Bosch, renewable energy producers, R&D, technology brokers and consultants such as V2 Renewable Energy or Telecomm & Technology Transfer, manufacturers of telecommunication equipments, infrastructure, consumer products and solution providers such as Ericsson, Sony-Ericsson Mobile Communications or Tata Consulting Services, gaming software and technology producers such as Kare Technology, regional or global defense technology producers or technology brokers such as Telecomm & Technology Transfer, which gives us a unique insight into the regional and global technology industries and markets.

We handle all legal aspects of technology regulatory issues and related matters, including technology transfer agreements, unfair competition, disputes and arbitration, rights and obligations, negotiating license agreements, technology and IP (hardware and software) sale, resale, lease and licensing, international taxation and data protection issues, as well as public contract acquisitions.

Intellectual Capital

We assist our clients going to the market with technologies, management of intellectual capital and resources, methods of valuing and exploiting intellectual capital, assisting in commercialization of inventions and marketing innovations. We have provided legal advice in relation to full intellectual property audits to assess the scope of protection for their proprietary assets and recommend plans to enhance their protection, representing inventors in protecting, licensing, and transferring intellectual property rights, representing trademark owners in clearing, registering, protecting, and defending trademark rights, counseling  clients regarding legal trademark use on the Internet, prosecuting patent applications regarding industrial technologies, counseling on identifying and acquiring copyright rights in multiple works, and in registering the copyright claims, representing clients in adversarial trademark proceedings, representing  licensors and licensees in licensing technology for domestic and international use.  We can provide your technology company a full legal support in matters such as:

  1. Business process outsourcing contracts

  2. Contractual performance of developers

  3. Software piracy and avenues for recovery

  4. Management of liability under the data protection legislation and consumer complaint management

  5. Regulatory compliance for business involved e-commerce information society

  6. Options for recourse in failures to perform and deliver on contractual claims

  7. Information systems, including batch system, interactive systems, office automation, client/server systems and network computing

  8. Recovery of compensation and damages

  9. Guidance on auditing contractual performance of contractors and developers against specifications and performance compliance to contractual obligations

Licensing, Financing, Procurement & Outsourcing

When it comes to technology contracts, we can help you with all the legal dimension of your business, leaving you to concentrate on your core business. We can help your company drafting and advising on:

  1. Drafting software licensing and exploitation agreements to meet your specific needs and requirements

  2. Defining appropriate IP rights

  3. Registering software or other content with the Romanian Copyright Office

  4. Drafting distribution, resale and end-user agreements

  5. Managing the protection of know-how

  6. Patent rights

  7. Verifications on whether un-patented products might infringe an existing patented invention

  8. Business process outsourcing

  9. Infrastructure outsourcing

  10. Providing legal advice on outsourcing obligations

  11. Ensuring design matches implementation

  12. Licensing requirements

  13. Proposed contractual obligations including limitations and exclusions of liability, indemnities

  14. Performance obligations

  15. Service levels and  service levels compensation

  16. Drafting and amending schedules

  17. Negotiating

  18. Advising on legal and contractual risk

  19. IT & telecommunications software, hardware, systems and equipments public acquisitions

  20. State aid schemes

  21. Financing R&D

With an international dimension, our intellectual property expertise includes representing and working with SMSE’s and multinational corporations which are trading internationally to unlock the value in software by securing intellectual property rights, protecting software brands, commercializing the intellectual property in software and enforcement of those rights to extract and leverage maximum value from software assets.

The essential function of software is reflected in the value of many businesses. Nowadays software embodies real value for a business, by maintaining its productivity, or as the property that earns revenue by licensing, or representing the means by which it provides services, or the product itself.

Many businesses collapse when the software that their business relies on fails or does not measure up to expectations. We can assist your company in determining service levels and appropriate service level compensation, the requirements for delivery of software to ensure that what is promised is carefully secured in contracts.

Our technology law expertise can help you avoid poorly structured and poorly worded contracts, an underrated factor in causing disputes due to ambiguities and irrelevancies that sometimes appear in technology related contractual documentation. Nonetheless, our understanding of technology and vast trading practice allows us to focus on commercial issues that arise in pre-sales and projects, such as whether the legal relationship established by the contract will scale with the project or not, saving you important resources, time and money.

Data Protection

We have a solid experience in advising clients on all national and cross-border data protection compliance matters, especially those pertaining to our clients’ core businesses, marketing or employment activities, personal database sharing and data protection implications of business transfers, projects and mergers.

We assisted various multinational clients in Romania in completing notification processes before the Romanian data protection authority in respect of both local and international data processing operations, in preparing and including data protection language in the relevant documents concluded with employees, clients and suppliers, and advised on the implications of regulations issued by the National Authority for the Supervision of Personal Data Processing.

Our advice encompasses:

  1. Processing of employees’ data, assisting clients in developing internal data processing and confidentiality policies, including in consideration of the employers' monitoring activities and cross-border data flows, in preparing data protection information and consent documentation

  2. Marketing related processing, by drafting data protection provisions for commercial agreements, including agreements providing for database sharing, and by advising clients on data protection implications of marketing initiatives and drafting appropriate wording for promotional campaigns, regulations and related documents

  3. Data processors agreements, by drafting personal data processing and representation agreements with Romanian and foreign data processors

  4. Relations with individuals and authorities, by assisting clients in handling requests or complaints coming from individuals in respect of their processed data, in preparing and filing processing and transfer notifications with the National Authority for the Supervision of Personal Data Processing (ANSPDCP) and by representing clients in interactions with the authority

  5. Database sharing, by assisting clients throughout business transfers that include transfer of data bases, in identifying and helping to comply with data protection implications of intra-group disclosure of employee data, whether it concerns transfers within or outside the EU or EEA

  6. Data protection compliance assessment and defense, by assisting our clients in identifying the personal data processes carried out as part of their activity and implement the necessary solutions to ensure compliance with legal requirements, including in respect of the minimum security requirements imposed by law, and by recommending course of action or defending clients in case of official inspections or individual complaints.

For further information or a free initial consultation on your case contact us by phone at + 4 031 421 5150 or by email at office@mararu.com.


IT&C LAWYERS ROMANIA

IP LAWYERS ROMANIA

PATENT ATTORNEYS ROMANIA

DATA PROTECTION LAW ROMANIA

 

IT&C Projects

Some of our recent professional services rendered on IT&C industry related transactions:

  1. Outsourcing of the commutation/switch and electrical supply departments of Romtelecom SA, Romania’s biggest landline telecomm operator by Ericsson Telecommunications Romania, involving a transfer of personnel of 400 employees, property, lease, utilities and corporate/business/regulatory issues concerning 6 regional centers and over 60 of business locations throughout Romania

  2. Corporate, employment & labor, real-estate, transfer pricing, cross-border agreements, safety & security etc. matters arising in the establishment, authorization and operation of Ericsson’s Global Support & Delivery Center (GSDC) in Bucharest

  3. Complex legal assistance and representation for Tata Consultancy Services, a major global outsourcing consulting services corporation, part of the Indian Tata Group, on various corporate matters and framework outsourcing/subcontractor agreements for software and telecommunications systems maintenance, support and development implicating legal advise concerning IPRs, banking, payroll tax & social contributions incidence, service level implications, corporate taxation, double taxation and other international taxation matters, VAT and profit repatriation, cross-border secondment of personnel etc.

  4. Drafting legal opinions, liaising with the Ministry of Information Technology and Communications, drafting legislation, preparing documentation and due diligence for regional state aid schemes for large investments of € 30M+ (investment aid, employment aid, training aid) for a Global Support and Delivery Center (GSDC) established by a major 3G networks operator

  5. Advising upon and drafting business outsourcing agreements (business services, technological solutions, client relations management, supply chains, IT infrastructure and software services) by BRD SocGen, Dacia-Renault, Arcellor Mittal and OMV-Petrom

IT&C Public Acquisitions

Mararu & Mararu had offered legal support for tender documentation assessment, clarifications and litigation, bid formation, contract revision, negotiation and execution, in various complex benchmark acquisitions in the recent IT&C sector in Romania:

  1. NetCity Project (the metropolitan subterranean fiber optic project, valued €  500 M) - reviewing teaming agreement and subcontractor agreement with UTI Systems, the principal

  2. Tender documentation assessment, bid formation, contract negotiation, revision and execution for various post-guarantee repair service agreements with Societatea Nationala de Radiocomunicatii S.A.-SNR

  3. Tender documentation assessment, bid formation, contract negotiation, revision and execution for various post-guarantee repair service agreements with Societatea Romana de Radiodifuziune - SRR

  4. Tender documentation assessment, bid formation, contract negotiation, revision and execution for supply of telecommunications equipments and accessories for Romtelecom SA

  5. Tender documentation assessment, bid formation, contract negotiation, revision and execution for radio relays repairs service agreements, various telecoms equipments and systems acquisitions, including under the Schengen Facility, by the Special Telecommunications Service -STS

  6. Tender documentation assessment, bid formation, contract revision, negotiation and execution for the SIS-SINS Signaling System Project within the Schengen Facility

  7. Various tender documentation assessment, bid formation and contract revision and negotiation for SAP service agreements by CSC Computer Sciences Corporation

IT&C Private Procurement Projects

  1. “FO Metropolitan Densification Bucharest” Project - tender documentation assessment, bid formation, contract revision and execution with Orange Romania

  2. Tender documentation assessment, bid formation, service contract revision, negotiation and execution with Societatea Nationala de Radiocomunicatii-SRR

  3. Tender documentation assessment, bid formation, contract revision, negotiation and execution for fiber optic network development for Vodafone Romania S.A.

  4. Tender documentation assessment, bid formation, contract revision, negotiation and execution for 2G and 3G layered architecture service system support service agreements for Cosmote Romania S.A.

Copyright Infringement and Piracy

  1. Assisting with DMCA notices from or to Romanian or international webmasters

  2. Preparing “cease and desist” letters to website Romanian or international website owners or operators

  3. Commencing court proceedings for urgent relief, search orders to preserve evidence and orders to freeze assets

  4. Quantifying compensation likely to be awarded and availability of injunctive relief

  5. Legal courses of action to remedy piracy, patent and mark infringements

  6. Assisting in the valuation of intellectual property

  7. Suitability of contractual terms in international software licenses

  8. Strategy in negotiations and mediation

  9. Managing and settling disputes

  10. Litigation

The Law Firm

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