SOIP – UNECE Sub-regional seminar on the commercialization and enforcement of intellectual property rights Macedonia, 1-3 April 2009 ROMANIAN EXPERIENCE ON COPYRIGHT AND RELATED RIGHTS ENFORCEMENT MARINESCU ANA-MARIA ROMANIAN COPYRIGHT OFFICE (O.R.D.A.)

COMPETENT INSTITUTIONS National Action Plan: G D no.1174/2005 adopting “The Action Plan regarding urgent common measures with a view to improve the enforcement in the area of Intellectual Property Rights”  Customs Authority : 479 officers appointed in all customs office;  ORDA: 32 new positions have been created in 2006;  the General Inspectorate of the Romanian Police: 102 police officers appointed with exclusive competence for the investigation of IPR crimes;  Border Police: 58 specialised officers appointed with exclusive competence for the investigation of IPR crimes;  the Public Ministry: by setting up of a central IP unit of 10 prosecutors, and appointing specialized prosecutors in each county office.

MINISTRY OF JUSTICE  is assisting the Public Ministry in the process of monitoring the IP Action Plan and coordinating the activities in the field  initiated before the Government proposals to improve the legislative framework.

THE PUBLIC MINISTRY (prosecutors offices)  has a central role in ensuring the proper enforcement of IPR and coordination  within the GPO is organised an IPR specialized unit, composed by 10 specialized prosecutors:  an operative sub-unit – prosecutors effectively working on IPR cases and  a studies sub-unit – prosecutors centralizing data countrywide, studying the process of investigation of IPR cases, drafting analyses and disseminating them in the country, for a correct, unified and efficient enforcement of IPR.  coordinating the other institutions, on a multilateral Protocol bases;  centralizing data needed for enforcement of IPR;  monitoring the implementation of National Strategy - Action Plan;  optimize the working methods and establishing best solutions to streamline the legislation and its implementation;  ensuring communication and cooperation between Government institutions and private antipiracy organisations.

THE COURTS  At present there are specialised panels in the courts to deal with IP cases either civil or criminal at the level of tribunals and courts of appeal, (established according to the number and nature of causes).  There has been set up a Civil and Intellectual Property Section at the Bucharest Court of Appeal, in service since January  All IP cases are under the jurisdiction of the tribunals in first instance, the decisions thereby held may be appealed against before the courts of appeal. On certain grounds the law allows a second appeal on points of law, before the High Court of Cassation and Justice.

ROMANIAN COPYRIGHT OFFICE  initiator of the National IP Strategy  regulating the activity in the copyright field  drawing up drafts of enactments in the copyright field  performs technical and scientific ascertains with reference to the original character of the products bearing copyright or neighboring rights, at the request of the criminal investigation bodies and on the expenses of defendants, if their guilty was proved;  performs, upon request and against payment, investigations, on the expense of the interested parties;

INSTRUMENTS NATIONAL STRATEGY in the field of Intellectual Property aimed at better IPR protection and enforcement. ACTION PLAN : sets out clear objectives:  to improve laws and bring the Romanian legal framework in line with the “Acquis Communautaire” and international standards;  to strengthen the administrative capacity of the Prosecutors Office, ORDA, Police, Customs Authority;  to improve collaboration between IP related institutions, including by setting up a central IP database;  to increase the efforts on preventing and combating infringements of IPR, as counterfeiting and piracy.

INTER-INSTITUTIONAL ACTIONS  efficient enforcement of IPR induced by appropriate cooperation, information exchange and monitoring among various institutions having competencies on IP matters;  a Central Working Group was established to coordinate the national IP enforcement policy comprising representatives of all the public institutions and private organisations involved;  a multilateral Cooperation Protocol has been signed (initially) by empowered representatives of 32 parties, establishing the organisational and functional rules for the I P Working Group;  3 sub-working groups have been created: counterfeiting, piracy and collective management organisations (monthly meetings and each time when needed).  a national IPR data base of operative interest – the common database was created in 2007 as a component for PHARE 2005  for an efficient coordination of the activities related to findings and prosecuting the offences in this field, the specialized department of the Prosecutor’s Office monitors, on a monthly base, the complex causes investigated by the prosecutor’s offices and the Police ;  efforts are deployed to strengthen the dialogue with the private industry (creative industries representatives)

EFFECTIVE ENFORCEMENT EFFECTIVE ENFORCEMENT  An Operative Measures Plan on the fight against counterfeiting and piracy was elaborated and implemented since August 2005 under the coordination of the Public Ministry. It allows to the specialized institutions with prerogatives in this field (IGPR, IGPF, ANV, ORDA) to carry out various common activities to discover infringements of IPR.  Border actions  18 appt. labs for pirated phonograms, DVD’s, computer programs identified  Deterrent sentences (imprisonment, considerable criminal fines etc.)

ENFORCEMENT SINCE THE ESTABLISHMENT OF IP WORKING GROUP  Identified in ten Romanian cities 18 pirate labs for the purpose of producing pirated phonograms, ideograms and computer programs for commercial purposes.  On those occasions were seized a number of 14 IT systems, 24 CD-writers and DVD writers, 13 hard-disks, CDs and DVDs, 3363 sleeves, blank CDs DVDs, CD`s envelopes and 839 stickers.

ENFORCEMENT SINCE THE ESTABLISHMENT OF IP WORKING GROUP COURT SENTENCES  In 2005 the courts issued 9 custodial sentences (from 2 months to 2 years imprisonment) and 35 criminal fines.  In 2006 the prosecutors sent to trial 31 cases.  In 2007 – the prosecutors sent to trial 106 cases.  In 2008 the first sentence for piracy: 5.6 years imprisonment and a total fine of 477,059 lei (28 years old young man for offering, distributing, possession with the purpose of distributing pirate goods and promoting pirate goods through electronic means).

ENFORCEMENT SINCE THE ESTABLISHMENT OF IP WORKING GROUP In the copyright and related fields, 26 sanctions for misdemeanours offences/ contraventions were applied only in one year:  Total value - 100, LEI  Total of number of confiscated goods: 5,163 audio tapes; 71,506 CDs and DVDs; 13,912 covers; 19,332 cases; 50 devices.

NUMBER OF COUNTERFEITED AND PIRATED GOODS SEIZED Type of goods number Audio/video types27,4585,8251,111 DVD/CD154,87887,95450,089 Reproduction machines1, Control access devices1524- Clothes56,094100,18367,398 Shoes72,68716,9638,734 Electronic devices37,1495,17310,496 Cosmetics98,12138,54817,814 Medicines, sanitary products20,3801,90011,047 Alcohols7,853025,26318,693 Cigarettes90, , ,000 Coffee7, , Other goods373,342318,4863,148

NUMBER OF COUNTERFEITED AND PIRATED GOODS SEIZED In 2007 Customs Authority seized 27,255,426 counterfeited goods, with the value of aproximatly 33,528,541 EURO.

VALUE OF COUNTERFEITED AND PIRATED GOODS SEIZED , lei ,154.9 lei , lei

NUMBER OF IP CASES 20067,904 – penal cases solved6,667 – number of persons inspected 20077,035 – penal cases solved4,871 – number of persons inspected 20085,639 – penal cases solved3,871 – number of persons inspected

IP PENAL CASES - TRIBUNALS – IP penal cases47 - convictions – IP penal cases106 - convictions – IP penal cases81 - convictions

IP CIVIL CASES – cases with sentences243 – cases admitted – cases with sentences209 - cases admitted – cases with sentences225 - cases admitted

ORDA’S ACTIVITY Number of technical and scientific ascertains and expertise made with reference to the original character of the products bearing copyright or neighboring rights – 1,112 Number of participating in actions of investigations made by the enforcement authorities Number of products investigated: CD / DVD Audio types2.202 Video types660 Hard disk478 Covers3.170 Others208 TOTAL81.882

ORDA’S ACTIVITY Number of products investigated

ORDA’S ACTIVITY Peer to peer cases

ORDA INVESTIGATION TEHNICS RoadMASSter-2 ImageMASSter Solo-3 Forensic Kit DriveLock Firewire/USB Serial-ATA DriveLock Kit

ORDA INVESTIGATION TEHNICS LinkMASSter-2 Forensic HARD DISK INVESTIGATED LAPTOP

ORDA INVESTIGATION

PIRATED PRODUCT ORIGINAL PRODUCT ORDA INVESTIGATION

Exemplu de piratare a produsului Microsoft Windows NT Server Network Operating System Version 4.0 ORDA INVESTIGATION

Exemplu de piratare a produsului Microsoft Windows NT Server Network Operating System Version 4.0 PIRATED PRODUCT ORIGINAL PRODUCT ORDA INVESTIGATION

ORIGINAL BOOKPIRATED BOOK ORDA INVESTIGATION

ORIGINAL BOOKPIRATED BOOK ORDA INVESTIGATION

STUDIO FOR PIRACY (Bucharest)

STUDIO FOR PIRACY (Bucharest)

STUDIO FOR PIRACY (Bucharest)

STUDIO FOR PIRACY STUDIO FOR PIRACY (Bucharest)

PUBLIC ACTIONS OF DISTROING PIRATED GOODS

QUESTIONS??? ANSWERS!!! /70