Andreea Rainer - Cabinet de Avocat

Intellectual Property Law

The means of expression of ideas constitute either literary and artistic property or industrial property, and they offer to the author moral rights and patrimonial rights.

Intellectual property protection is essential to fostering innovation. As intangible assets, intellectual property rights have the ability to provide a company with competitive advantages.

Trademark Registration and Protection. Other industrial intellectual creations and distinctive signs.

Trademarks are valuable assets, and an effective communication tool on the market. Protection thereof is of the essence of a business.

We support business ideas by:

trademarks’ registration at national level - State Office for Inventions and Trademarks (OSIM), European Union level – Office for Harmonization in the Internal Market (OHIM) and international level - World Intellectual Property Organization (WIPO);

legal advice on protection of works either by industrial property right or by copyright;

assistance and representation in front of the relevant authorities with respect to renewal and modification of the trademark registration procedures;

drafting trademark transfer and license agreements and assistance during negotiation’s thereof;

assistance within actions for trademark infringement in front of relevant authorities;

assistance regarding inventions, technical creations with relative novelty character (innovations), topographies of semiconductor products, drawings and models, utility models, trade secrets, new varieties of plants, geographical indications, brands and emblems.

Copyright Protection

Ideas, materialized in intellectual property works, other than trademarks, are protected by law. Copyright comprises, inter alia, literary, artistic, and scientific works, as well as other intellectual creation works (literary works – poems, novels, articles, studies, courses, movies, songs, paintings, sculptures, photographs, artistic interpretations, radio broadcasts, cinema works, architecture projects, computer programs/ software, databases).

We support ideas by legal advice, drafting and assisting during negotiations on various copyright matters, including:

agreements for copyrights’ assignment/ transfer, by sale or donation, and copyrights’ license;

assignment/ transfer agreements for works created in the performance of job tasks under the individual employment agreement;

editing contracts, theatrical or musical performance agreements, work lease contracts, software lease agreements and other similar;

assistance and representation in front of the Romanian Office for Copyright (ORDA).

Start-ups. Mergers & Acquisitions. Corporate. Commercial Transactions. Joint Ventures.

A company’s life depends on the observance of the relevant regulations from its setting-up throughout its functioning.

Start-ups

We focus on legal consulting start-ups in a wide range of aspects related to the establishment, functioning and cessation of their existence:

advice on choice of legal form adequate to the business needs;

procedure and documentation for setting-up, registering with the Trade Registry, tax authorities;

assistance on obtaining the required authorizations;

registering the company's headquarters at the lawyer’s professional headquarters;

shareholders’ agreements of the participation within the company and liability, including drag along, tag along, squeeze out, stand-off, sell out/ exit clauses;

individual employment agreements, management agreement, partnership agreements;

policies on protection of personal data, terms and conditions, company’s internal regulations;

trademark, brand, other intellectual property rights protection;

conclusion of rent agreements, commercial contracts, share sale/ purchase agreements, co-opting new shareholders;

corporate changes: change of headquarters, secondary offices, directors;

due diligence assessments and transaction structuring;

commercial negotiations;

supply agreements, collaboration, services, commission, agency, franchise, international commerce, leasing, distribution, loan/ credit, mortgage, personal guarantee, securities, advertising etc.;

debt recovery;

joint ventures;

company’s dissolution and deregistration.

due diligence assessment on involved company/ companies, both on the seller’s side and buyer’s side;

transactions’ structuring;

drafting the entire transaction’s related documentation (such as letters of intent, confidentiality or exclusivity agreements, shares sale-purchase agreements) and assistance in negotiation of contracts;

assistance in post-transaction implementing operations.

setting-up companies, drafting incorporation documentation - articles of incorporation, corporate resolutions, shareholders' agreements, and assistance and representation with public authorities (Trade Registry, tax authorities and other supervision authorities);

corporate operations (share transfer agreements, cooptation of new shareholders, change of company’s headquarters, opening/closing secondary offices);

issuing legal opinions and due diligence assessments on specific transactions;

assistance and representations within general shareholders’ meetings.

drafting and assistance in negotiation of various commercial agreements, such sale purchase agreements for immovable assets (including real estate due diligence assessment) or movable assets;

lease agreements, including for company’s headquarters or secondary offices;

supply agreements, collaboration, services, commission, agency, franchise, international commerce, leasing, distribution, loan/ credit, mortgage, personal guarantee, securities, advertising etc.;

assistance and representation in front of the relevant public authorities, such as Land Book Office, Trade Registry etc.).

drafting joint venture agreements and related documentation;

assistance during agreements’ negotiation;

assistance and representation in front of relevant authorities in the joint venture’s implementation.

Employment Law & Immigration

Digitalisation may entail major processes of change and restructuring of companies, and thus the employment landscape expects new legal implications.

At the same time, as both employers and workers look for more flexible ways to work, digital labour platforms (crowdemployment) are fastly developing.

We assist both employers and employees/ freelancers in connection to both traditional employment law aspects, as well as on the new developments in the field, so as to address the transition in-between.

We also assist both employers and foreign employees/ potential employees on aspects related to immigration, employment in Romania, as well as on any matters related to immigrants’ entrance, stay and exit from Romania.

Employment agreements and internal regulations

The impact of digitalisation on the labour market translates into development of telework, virtual work/ freelancing, sharing work, namely the gig economy paradigm, characterized by flexibility.

Our legal assistance includes:

drafting individual employment agreements, including regarding telework and work from home, non-compete clause, non-solicitation clause, professional training clause, mobility clause, confidentiality clause;

assistance in the registration of the individual employment agreements with the employees’ general registry (Revisal);

digital labour platforms (crowdemployment), digital recruitment;

negotiation/ conclusion/ performance/ modification of individual and collective employment agreements, including management contracts;

employee lease agreements/ temporary labour agent contracts/ employee/personnel leasing;

employer’s internal policies and regulations, such as internal order/ organisation and functioning regulation;

various employment aspects, such as detachment, delegation, health and safety at work, employees’ rights in case of company transfer, suspension of the individual employment agreement;

dismissal, resignation procedures, and other agreements’ termination grounds;

assistance and representation in front of the relevant authorities, including the General Inspectorate of Immigration (IGI), Territorial Labour Inspectorate (ITM), tax authorities.

Conciliation employer – employee

During employment relationship, various issues may arise between employer and employee.

We effectively provide legal assistance on each side, employee – employer, in a wide range of matters arising from the employment relationship, including:

issues related to intellectual property works developed by the employee in the performance of the tasks under the individual employment agreement;

breach of the individual employment agreement by the employer or by the employee, such as unpaid overtime, unpaid leave, unpaid salary, work conditions, discrimination, ungrounded sanctions, employee’s unjustified absence at the work place, breach of the employer’s internal regulations and procedures by the employee, non-performance of job duties;

assistance and representation in legal actions in front of courts of law in connection with unlawful termination of the individual employment agreement by the employer;

assistance and representation in connection with challenging employer’s decisions, individual labour conflicts and collective labour conflicts.

Immigration

Our legal advice targets aspects such as, inter alia:

obtaining/ cancellation/ revocation visa, work permit, long-term stay permit, temporary stay permit;

obtaining/ cancellation/ revocation of residence permit, for employment purposes, commercial/ economic activities, business visa/ permit, professional activities, family reunification, study visa, visa based on invitation, other purposes visa;

assistance and representation in front of the General Inspectorate for Immigration (IGI).

Immigration

Our legal advice targets aspects such as, inter alia:

obtaining/ cancellation/ revocation visa, work permit, long-term stay permit, temporary stay permit;

obtaining/ cancellation/ revocation of residence permit, for employment purposes, commercial/ economic activities, business visa/ permit, professional activities, family reunification, study visa, visa based on invitation, other purposes visa;

assistance and representation in front of the General Inspectorate for Immigration (IGI).

Insurance Law

The world we live in is full of uncertainties and risks. Individuals, families, businesses, properties and assets are exposed to different types and levels of risks. Operating an insurance business or concluding an insurance agreement represents selling, respectively buying a promise – a promise of covering claims or losses in case of risk occurrence.

Insurance market developments is heading towards the concept of InsurTech, whereby new technologies may be used for selling insurance products, as insurance consumers expect digital experiences in every interaction in their lives, including their interactions with insurers.

Authorization of insurance companies and insurance intermediaries

For both InsurTech or traditional insurance market players, our legal assistance includes:

legal advice in the process of authorization of insurance companies and insurance intermediaries, as well as their branches, by drafting relevant documentation and preparing the file;

legal opinions on compliance of the business plan with insurance law in view of obtaining the authorization, including on innovative insurance products/ digital insurers;

assistance in the process of extending the insurance products’ classes uncovered by the initial functioning authorization;

assistance and representation in front of the Financial Supervision Authority in the authorization process, by preparing briefing notes, information reports and responses to authority’s requests;

legal opinions on technological innovation in insurance/ InsurTech matters - legal challenges and risks related to the deployment of technology in insurance-related transactions and processes, under Financial Supervision Authority surveillance;

legal opinions on matters related to insurance company’s/ insurance intermediary’s functioning and supervision by the Financial Supervision Authority;

drafting insurance agreements, insurance general terms and conditions, special terms and conditions, insurance policy, appendixes to insurance agreement;

assistance in recourse actions.

Insurance Agreements

Whilst companies face the need to insure against hacking and cyber theft, cyber-security insurance contracts are to supplement traditional insurance agreements/ insurance policies. Having a suitable insurance agreement in place is all the more important as data privacy regulations impose enhanced responsibilities over the collection and storage of personal data.

Our legal assistance includes:

legal advice in the process of contracting an insurance policy, assistance in the negotiation process with the insurer/ insurance intermediary;

assistance in settlement of specific issues arising from the performance of insurance agreements and of contracts concluded between insurers and insurance intermediaries.

Damage Recovery

Risk occurrence give rise to compensation rights, and we advise on various related aspects, such as:

legal assistance on contractual clauses of the insurance agreement relevant for claiming compensation, including review of the policy, coverage’s determination;

drafting various documents, such as those related to the loss, claims.

Civil Law. Contracts. Family Law. Inheritance Law.

Civil law represents the branch of law which is present in the majority of legal relationships, starting with the agreements we conclude daily to family and inheritance law aspects.

Sale, lease/ rent contracts, contractor/ services/ works agreements. Guarantees. Real Estate Rights.

Our legal assistance includes:

Contracts and obligations

sale agreemenst;

lease/ rent contracts;

agricultural leases;

contractor/ services/ works agreements;

mandate/ power of attorney conventions;

loan agreements;

insurance contracts;

life-income agreements;

caretaking agreements;

concluding agreements with electronic signature, for their valid conclusion and enforceability;

nullity, interpretation, effects, assignment, termination of contracts;

undue payment;

unjust enrichment;

civil contractual liability and tort liability.

Guarantees

personal guarantees, trustee;

mortgage, reservation of proprietary rights;

bank letter guarantee, letter of comfort;

pledge and retention right.

Real Estate Rights

private property defense right: immovable and movable claims;

adverse possession;

accession;

superficies;

usufruct;

use and occupation right;

easement;

evacuation.

Family Law & Inheritance Law

Our legal assistance includes:

choosing the matrimonial regime, conclusion of the matrimonial convention/ marriage convention for patrimonial separation/ conventional community between spouses;

adoption;

parental authority, action for challenging paternity, action for contesting filiation, caretaking obligation between parents and their minor children, between former spouses, parents' contribution, in case of divorce, to raising, educating, teaching and professional training of children resulting from marriage;

divorce procedure, formulation of the divorce action, preparing the divorce file and establishing the strategy to be followed;

assistance and representation in divorce actions, in first instance of the case and in the appealing phases during the divorce process;

granting compensations/ compensatory benefits;

settlement of marital goods and legal advice on the legal effects of the matrimonial regime chosen or modified by the spouses upon the goods’ settlement action and the patrimonial relations between spouses;

cross-border successions and the European Certificate of Succession (ECS);

succession goods’ settlement, donations’ report, reduction of excessive liberalities;

recognition of inheritance capacity;

establishing succession quotas according to the classes of heirs and degrees of kinship, identification of inheritance assets and liabilities;

legal assistance within the notarial procedure of acceptance/ renunciation to inheritance/ succession debate;

action for ascertaining the nullity or for the annulment of the will and the annulment of the inheritance certificate;

assistance and/ or representation in front of courts of law in any kind of litigation in the succession field.