Teodor Bodoaşcă[1], Andrei Murgu, Lucian Tarnu

Abstract

The idea of this study was especially suggested by the fact that in the specialized works, as a rule, the analysis of the offense of "counterfeiting of a trademark" is limited only to the slightly commented presentation of the provisions of art. 90 of Law no. 84/1998 on trademarks and geographical indications. In fact, after changing art. 90 through art. 1 point 59 of Law 66/2010 for amending and completing the Law no. 84/1998, no work can be identified in the field doctrine in which the legal content of this crime is thoroughly analyzed. Without claiming to remedy the reported situation, I am convinced that the proposed study may be a challenge to trigger a genuine scientific debate on this issue.
Also, given some logical legal issues that are questionable, we do not propose only a proper analysis of the current regulations regarding the offense of counterfeiting a trademark, but a critical one, accompanied by the substantiation of some lender ferenda proposals for their improvement.


[1] Prof. univ.dr., Universitatea „Dimitrie Cantemir” Târgu Mureş, E‑mail: This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

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