Răzvan Dincă & Asociații has been ranked in the prestigious Chambers Europe 2024 edition for its IP & TMT expertise

Răzvan Dincă & Asociații has been ranked in the prestigious Chambers Europe 2024 edition for its IP & TMT expertise.

A heartfelt thank you to Chambers and Partners, our peers and clients who participated in the research.

Client feedback: “The members of the team have a strong understanding of IP matters and respond to complex issues with the diligence of good professionals.”

#chambersandpartners #chamberseurope #chambersranked

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Romanian Patent Litigation Insights Part 1 – Interim Injunction Proceedings – The prima facie existence of patent rights.

 

Authors: Irina Speciac and Ionut Cofaru

Given the (unfortunate) recent restrictions concerning the publication of court decisions rendered in patent cases, we have taken the initiative of publishing brief updates on these matters.

This is the first such endeavor and concerns the prima facie existence of the patent rights as a condition in interim injunction proceedings.

For a long time, the approach of the courts on this topic could have been summarized on the lines that, once granted, a patent must be presumed valid unless and until it is cancelled by a final decision. This left very little up for debate with respect to patent validity in interim injunction proceedings.

However, in the past years, this approach has changed dramatically.

A major turning point can be located in a decision rendered in 2020 by the Bucharest Court of Appeal, where it was held that the prima facie validity of the patent does represent a condition which can and should be assessed  in interim injunction proceedings and that the existence of a serious challenge to the validity of the patent can be argued and analyzed even within the limited frame of such proceedings.

Moving forward, this was reflected in several decisions of the Bucharest Court of Appeal.  For example, in a decision rendered in 2021, it was held that such a serious challenge results from the fact that a foreign court held that the patents on which the interim injunction claim was grounded were invalid, which was further supported by a preliminary opinion of the EPO Opposition Division. In another judgement rendered in 2021, the court found that a serious challenge exists given that both the München Federal Patent Court and the UK High Court of Justice had declared the patent invalid.

Most recently, in 2023, the Bucharest Tribunal rendered a decision which seemed to indicate that the courts’ view on this issue was trending favorably for the defendants by holding that the appearance of right should be established beyond any reasonable doubt and noting that in the case at hand there was room for doubt, which led to the dismissal of the interim injunction claim. However, this trend was tempered at the beginning of 2024 by the Bucharest Court of Appeal who overturned this decision by showing that the notions of appearance and beyond any reasonable doubt are on opposite sides and by finding that in the case at hand the parties had both brought forward decisions (stemming from foreign courts) with different outcomes on validity, and that in such a situation the presumption of validity ought to prevail.

To sum up, currently courts assess whether there is a serious challenge against the validity of the patent based on any available court decisions and/or EPO decisions concerning the patent validity.

It will be interesting to see whether in the future the Romanian courts will start considering, at a prima facie level, actual invalidity arguments when assessing the existence of a serious challenge against the patent validity (as numerous other European courts already do). Thus, it could be argued that, since appearance of infringement can be assessed based on arguments which involve claim interpretation and comparison with the defendant’s product/process, the same should apply to the prima facie validity of the patent. Of course, such an approach would nonetheless need to be cautiously implemented as the merits of the case cannot be tackled in interim injunction proceedings.

The information provided in this article is for general informational purposes only and does not constitute legal advice. It is not intended to create an attorney-client relationship. If you require legal advice specific to your situation, please contact our head of IP department – irina.speciac@razvandinca-legal.ro.

Razvan Dinca & Asociatii ranked Gold by WTR 1000 2024 edition

Yet again, our firm has been recognized in the Gold categories for both Trademark Enforcement and Trademark Prosecution and Strategy by World Trademark Review 1000.

Răzvan DincăIrina Speciac, and Vlad Stănese have been honored as recommended individuals for Romania, reflecting their unparalleled expertise, dedication, and exceptional service in the field of trademarks.

WTR 1000 2024 edition:

Răzvan Dincă & Asociații stands as a formidable force in the world of intellectual property. Its IP practice is a trailblazer, earning the unwavering trust of clients and the respect of peers. The team of experts provide a wide array of IP services, encompassing everything from trademark and patent prosecution to exceptional proficiency in IP litigation. At the forefront is “one of the most reliable practitioners in the Romanian IP field”, Răzvan Dincă. As managing partner, Dinca exemplifies a rare blend of legal acumen and forward-thinking prowess that shapes the firm’s remarkable trajectory. Vlad Stănese heads the IP prosecution group and brings a masterful touch to every case, making sure that intellectual property finds its fortress within the law. Also on deck is the indomitable Irina Speciac, a partner with an unwavering commitment to customer satisfaction and a keen strategic mind that has turned the tide in countless IP battles.”

Razvan Dinca & Asociatii has been honored with the prestigious Trademark Firm of the Year award in Romania at the Global IP Awards

We are thrilled to announce that Razvan Dinca and Asociatii has been honored with the prestigious “Trademark Firm of the Year” award in Romania at the Global IP Awards held in London. We are immensely proud of our team’s dedication and expertise, which has earned us this esteemed accolade. Thank you to all our clients and colleagues for your continued trust and support. #GlobalIPAwards

Our law firm was represented in London by Vlad Stanese, Head of IP Prosecution.

Vlad Stanese - Head of IP Prosecution holding the Trademark Law Firm of the Year trophy.

Răzvan Dincă & Asociații has been ranked as Highly Recommended for patent litigation by IAM Patent 1000 in their 2023 rankings

Răzvan Dincă & Asociații has been ranked as Highly Recommended for patent litigation by IAM Patent 1000 in their 2023 rankings! ✨ We’re blushing with pride!

As usual, Irina Speciac and Răzvan Dincă also made IAM Patent 1000’s Recommended Individiuals list.

Here’s what the publication had to say about us:

“The dynamic and highly qualified team have all areas of intellectual property covered, with a particular expertise in advising players in the life sciences industry. Răzvan Dincă is extremely well respected on the Romanian market. An expert on the intersection of biotechnology and intellectual property, he is admired for his masterful litigation skills. “Răzvan is one of the most reputable practitioners in the IP field in Romania. He successfully combines a rich academic experience with a well-developed practical sense.”

Another seasoned litigator at the outfit is Irina Speciac, who advises multinational companies in developing effective patent protection strategies. “Irina is an expert on patent infringement cases in Romania. She is incredibly knowledgeable and responsive, and provides practical advice to clients.”

We owe a huge thanks to our incredible clients and peers for their unwavering support and belief in our abilities.

#PatentLitigation #IAMPatent1000 #iplitigation

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