Question 1

If we registered the company name, can we automatically use it as a trade mark?

Accepted Answer

No. Registration at the Trade Register and trade mark protection have different functions and procedures. Earlier rights must be searched and the sign must be assessed for the relevant goods or services.

Question 2

Must we register copyright in a logo or software?

Accepted Answer

Registration is not a condition for copyright to arise in an original work. The company should still be able to prove creation, date and chain of title. A registered trade mark or design may protect different aspects of the same asset.

Question 3

Does the company automatically own everything its employees create?

Accepted Answer

Not in every situation. Romanian law has a specific rule for economic rights in computer programs created by employees in the performance of their duties or under the employer's instructions, unless the parties agree otherwise. Other works and rights require analysis of the contract, role and circumstances of creation.

Question 4

If we paid a freelancer, may we modify and resell the work?

Accepted Answer

Not necessarily. Payment for the service does not answer that question by itself. The agreement should grant the rights and uses the company needs, and an assignment of economic copyright must be documented in the form and with the particulars required by law.

Question 5

Can we use open source components in a commercial product?

Accepted Answer

Often yes, but each component's licence must be followed. Duties depend on integration and distribution. Before launch, review the component inventory, notices that must be retained and any source code obligations.

Question 6

Is an NDA enough to protect know-how?

Accepted Answer

It is not usually enough on its own. Trade secret protection also depends on access restrictions, information handling, technical security, rules applied to staff and evidence of the measures taken.

Question 7

Can we show an invention to a customer before filing a patent application?

Accepted Answer

Disclosure may affect the invention's novelty. Before presenting it, assess whether patent protection is intended, what can be shared and whether a prior filing and confidentiality duties are required. Exceptions to the novelty rule are narrow.

Question 8

What should we do when we find an online copy of our product or content?

Accepted Answer

Preserve the evidence before the material disappears and avoid public accusations before review. Identify the right, owner, territory, platform and responsible person. Then choose between a notice, platform procedure, negotiation, interim measures or court proceedings.