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trade regulation. consumer & data protection.

A feature of, or the by-product of public/social welfare states, involving concepts like the role of self-interest, the division of labour, the function of free markets, and the international implications of a more globalised and digitalized economy, national and international consumer and data protection regulations have become more and more complex and intricate, requiring a fine eye for detail, and an enhanced specialization on new markets, industries, goods, services and financial/monetary instruments, new market access types, and on new means and methods of payment and delivery for goods and services.

 

As a manufacturer, producer, importer, distributor, or seller of a product or service on the Romanian market, at Mararu & Mararu SCA you’ve come at the right place: from market access regulation, authorization or licensing, to labelling, advertising, marketing, product/service/quality certification, consumer finance and credit, the right to use immovable properties on a timeshare basis, package travel, package holidays and package tours, liability for defective products, construction, transportation, health and other industries’ consumer protection related liabilities, long distance contracts, electronic and other consumer goods, toys, apparel, cosmetics, pharmaceutical products, sports equipment, power tools, automotive, food and beverages to import controls, GDPR or SaaS,  SECaaS, IaaS, PaaS, ICOs, IPOs and FinTech products or services, we will advise you on the Romanian product liability and guarantees and on the service delivery systems, so you can rest assured our law firm will competently keep you compliant with your import, trade and market regulation, and covered from consumer and data protection liabilities or against unfair competition.

 

Mararu & Mararu’s antitrust and trade regulation practice includes full legal assistance and representation in connection with the marketing and sale of goods and services, technology licensing and distribution, marketing and distribution, antitrust law, regulation of advertising, franchising and other marketing-related topics. This combination of disciplines is the firm's commitment to an approach close to the needs of its clients rather than according to traditional legal categories, and it enables clients to obtain representation across the entire spectrum of their business activities.  

 

In the current marketplace, clients are acting as both licensors and licensees of technology. The subject matter of these licenses may be a patent, copyright, trade secret, know-how, trademark, or a combination of various forms of intellectual property. We assist clients with foreign and domestic joint-ventures and strategic alliances, participating in organizing or restructuring national and international distribution networks, with balancing and managing the many antitrust, technology protection, commercial, export-import and other legal concerns raised by complex distribution arrangements, including agreements with dealers, distributors, sales representatives, copyright, patent or IPRs holders.

 

Our practice includes counselling companies and structuring transactions involving technology and intangible assets of all types, dispute resolution and litigation in disputes involving patents, trademarks, trade secrets, copyrights and related rights, advise on liability and risk allocation matters.

Legal Clearances for Advertising & Campaign Materials

In the advertising sector, we assist clients across various industries by providing legal clearance of advertising materials and with regulatory and advertising legislation reviews of labels, terms and conditions and rules and regulations for promotions, raffles etc., ensuring compliance with relevant Romanian, E.U. and international legislation.

Advising on Advertising & Marketing Restrictions

We advise on advertising and marketing restrictions in highly regulated sectors in Romania, and assist with drafting agreements for the use of images of both famous and lesser-known individuals.  ​ Additionally, we help clients safeguard their long-term business interests by identifying features that may raise legal or regulatory concerns, even if they appear permissible under current law.  We advise both sellers of products and advertising agencies on the laws relating to advertising. Our lawyers have expertise in advising clients on requirements of accuracy in advertising, defamation, product disparagement and other issues that may arise in the advertising process.

Dispute Resolution

We represent clients in disputes regarding online, published or broadcasted advertising materials and marketing campaigns before relevant authorities and self-regulatory bodies, such as the Romanian Advertising Council, the Competition Council, the National Authority for Consumer Protection in Romania (ANPC), the The National Supervisory Authority For Personal Data Processing (ANSPDCP), and the Romanian courts of justice.

Sales & Distribution

Our Antitrust and Trade Regulation practice encompasses issues arising in the sales and distribution processes. The sale of goods and services involves a contractual relationship between the seller and the buyer. Our lawyers know the rules governing contract formation, warranties and remedies for breach of sales contracts. We draft and negotiate sales and distribution agreements, advise clients on the applicability of various laws to particular business transactions, and counsel clients on the use of various methods of distribution.

Trade Secrets

Our law firm assists clients on a wide range of matters relating to the protection of trade secrets and confidential or classified information. Our work includes the preparation and negotiation of agreements with employees restricting their activities or rights during employment and post-employment (e.g., assignment of inventions, non-competition, no solicitation, and "right of first refusal"), preparation and negotiation of nondisclosure agreements, preparation and negotiation of agreements with state authorities and other subcontract service providers designed to protect trade secrets or classified information, as well as litigation services associated with trade secret disputes.

Consumer Protection

Our lawyers counsel clients on a broad range of issues relating to consumer protection laws and regulations, including EU relevant legislation and the National Authority for Consumer Protection procedures related to food, non-food or services matters.

Patents, Designs

We secure patent rights for inventions in numerous technological fields. Our lawyers engage in the acquisition and licensing of patent rights in inventions and have experience in patent infringement litigation involving complex industrial technologies.

Drafting Rules and Regulations, Terms & Conditions etc. 

We regularly assist clients in gaming, FinTech, crypto, financial, sports apparel, fashion, power tools and other consumer industries with with drafting terms and conditions and rules and regulations for promotions, raffles etc., ensuring compliance with relevant Romanian, E.U. and international legislation.

GDPR Compliance

We advise on guidelines, recommendations and best practices on data protection governance, international data transfers and corporate privacy, data protection breach and litigation, data protection in advertising and digital marketing, data protection audits, with drafting GDPR agreements, GDPR compliance checklist, assist the client’s data protection officers and supervisors, file applications and liaise with the Romanian Data Protection Office (ANSPDCP - the National Protection Supervisory Authority for Personal Data Processing).

Product Marketing Legal Advisors

Combining our advertising, marketing and labelling expertise with our consumer law practice, our law firm has also often advised major consumer products manufacturers on various compliance areas such as on the legal and regulatory requirements concerning packaging, safety standards, use instructions, fire and other warnings, producer's conformity, language or traceability requirements, dangerous substances, WEEE , PPE, CE and other marks and instructions.

Antitrust & Unfair Competition

Our lawyers have extensive experience in counseling clients on compliance with national and EU antitrust laws and laws governing unfair competition. Areas of expertise include laws relating to agreements among competitors, economic concentrations, laws governing the relationship between manufacturers and their distributors, antitrust regulation of mergers and acquisitions, rules governing below-cost pricing and exclusionary practices by dominant firms, price transfer agreements, and a variety of other competition-related regulations. We also represent clients in front of the Romanian Competition Council for various notifications, clearances and procedures, including for economic concentrations, or before courts of justice in matters of antitrust or unfair competition.

Franchising

Within this field we handle preparation and negotiation of franchise agreements and franchise offering documents, give advice concerning regulatory compliance, and handle disputes between franchisors and franchisees. We also counsel franchisors and franchisees in business planning, financing and other aspects of doing business.

Trademarks

The power of a name or logo cannot be overemphasized. We represent clients in trademark matters in all courts of justice in Romania as well as before the State Office for Inventions and Trademarks. Services to our clients include the development of trademark protection strategies, performing trademark searches, negotiating trademark licenses, conducting cease-and-desist operations, preparing filing and prosecuting trademark applications, preparing, filing and litigating trademark oppositions and cancellations, preparing and litigating domain name arbitration, and preparing and negotiating trademark infringement litigation. We work with companies of all sizes from a variety of industries to ensure that their names, logos and other intellectual property enjoy the appropriate trademark protection, helping clients analyze the risks and rewards associated with trademarks so they can avoid costly mistakes that lead to delayed provision or service, distribution, cost overruns, litigation and loss of business.

Copyrights

We advise clients in all major areas of copyright protection and practice. We help clients secure copyright protection for original works of all kinds, from traditional print, music, art and sculpture to digital content and computer programs. We help clients take advantage of the broad spectrum of rights the copyright laws convey, especially with for the purpose of future commercialization of those copyrights. In addition, our litigation team has extensive experience in handling disputes involving copyrighted material. Specific services include development of copyright protection strategies, copyright searches, filing, and prosecuting copyright applications with the Romanian Copyright Office, preparing and negotiating agreements involving copyright, including software licenses, publication agreements and performance agreements, or providing services associated with copyright infringement litigation.

Examples of Representative Legal Work

❡ Advising a German global powerhouse, power tools manufacturer, with the legal and regulatory requirements concerning packaging, safety standards, use instructions, fire and other warnings, producer's conformity, language or traceability requirements, dangerous substances, WEEE , PPE, CE and other marks and instructions.

 

❡ Advising a US global powerhouse automotive manufacturer on direct marketing legislation and upon its data protection implications

 

❡ Advising a US global powerhouse in sports apparel manufacturer on sports apparel, footwear and toys labelling, traceability, country of origin, safety, flammability and other warnings requirements, and on packaging requirements.

❡ Advising one the biggest and most awarded Romanian wine producer on labelling requirements and on wine storage and transportation regulatory norms

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11F Carpatilor Street

075100 Otopeni, Romania​

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