A company in England has registered trademarks at EU level brands with the names ”Boca Father” and ”The image of Arsenie Boca”. The right to exploit them in Romania was given to a trading company from Arad, who has summoned many entities not to use them without buying holograms. The police have left icons and souvenirs in this category and triggered criminal investigations for the unlawful use of a trademark.Registration was made in error...

The protection of intellectual property rights under international investment law has already come under the scrutiny of arbitral tribunals, scholars and the wider civil society with the occasion of such high-profile disputes as Philip Morris and Eli Lilly. Nevertheless, it is only very recently that the first publicly known case in which the protection of intellectual property rights, specifically, trademarks and trademark licences, has been...

The Financial Supervisory Authority, an autonomous administrative authority, exercises supervisory powers over the management of companies under a regulation that has no correspondence in primary legislation in the capital market field. Starting from a particular case, we would like to point out in this article that the evaluation activity of the Financial Supervisory Authority is subject to arbitrariness, Regulation no. 14/2015 containing re...

This article discusses the main elements of Directive 2017/828/UE amending Directive 2007/36/EC as regards the encouragement of long-term shareholder engagement. Directive 2007/36/EC (Shareholder Rights Directive) was adopted in 2007 and, ten years later, in May 2017, it was strengthened through Directive 2017/828/UE (Shareholder Engagement Directive).The primary objective of the Shareholder Rights Directive was to ensure that nonresident...

The drafting of the General Data Protection Regulation is not only a way of updating the legislation depending on technological development, but also the provision of protection in accordance with the Article 8 of the Charter of Fundamental Rights of the European Union (CFREU). In this paper the aim is to analyze the principles of GDPR, as well as the novelties of the Directive 95/46.

This article analyses, in two parts, the shareholders’ contributions to the legal capital of a company. This first part analyses: the notion of contribution; subscription and payment of the shares; legal characteristics and types of subscription; aspects of private international law; default of payment of the shares subscribed; suspension of the exercise of the shareholders’ rights; damages and late payment; foreclosure of the default sharehol...

Even if legal regulation of the trust occurred recently, a long series of contracts and legal mechanisms ensured over time the achievement of more or less similar results to those provided by the trust. A series of legal transactions uses mechanisms that are similar or even identical to the trust. This article tries to analyze some of these: report contract and its variations, deposit contract and its variations, and the mechanism provision in...

This article provides an outline of the commercial arbitration – insolvency contact zone, with a special view on public policy sensitive areas which define the interaction between the two processes. On the one hand, the analysis focuses on European Union regulations, the framework in various Member States and international commercial arbitration practice, and, on the other hand, on the Romanian perspective regarding issues such as: applicable ...

As it has been frequently said – perhaps oversimplifying –, international commercial arbitration is a consensual procedure, meaning that only the parties to an arbitration agreement can participate in the proceeding based on it. But who are, exactly, those parties?It is already commonplace that the effects of an arbitration clause can benefit, or bind, other entities than the formal signatories of the contract containing that clause. On...

This study, part of a broader project aiming to analyze the rights of the artists and their status, render an overview of the moral rights of the Romanian artists, analyzing how these have been interpreted jurisprudentially in the French and the Romanian space in order to have a better understanding of their content.