Bidding farewell to 2024, it is clear that this year has been pivotal for legislative advancements and the evolution of the digital and innovation landscapes in Europe – and Romania. From the adoption of the Unitary Patent system to groundbreaking regulations addressing artificial intelligence and digital services, the legal framework has significantly adapted to the demands of a modern, interconnected world.
Managing Partner Iulia Burbea reflects on these key developments, highlighting their implications for innovators, businesses, and society at large. This article delves into the transformative policies of 2024, their practical applications, and the emerging challenges they aim to address in an ever-evolving global context.
“From the legislative perspective, 2024 was fruitful: the first full year of life of the Unitary Patent after its entry into force with over 580 cases. Romania joined the UPC system, starting September 2024 and thanks to this decision, foreign innovators and companies may use the PCT System to seek patent protection for their inventions in Romania. Also in 2024, a new legislative package for EU design entered into force providing EU design legislation (i.e. EU Regulation 2024/2822 and EU Directive 2024/2823) rules that make EU design cheaper and faster for designers to protect their creations in a digital world.
Another major legislative milestone is the regulation of artificial intelligence in the EU by the AI Act, the world’s first comprehensive AI law. The new rules established obligations for providers and users depending on the level of risk from artificial intelligence, for example, generative AI, like ChatGPT, will not be classified as high risk but will have to comply with transparency requirements and EU copyright law (disclosing that the content was generated by AI, designing the model to prevent it from generating illegal content, publishing summaries of copyrighted data used for training).
Romania adopted Law no. 50/2024 by which the National Authority for Management and Regulation in Communications (ANCOM) was designated as the Digital Services Coordinator and has the right to request the collaboration of other authorities or public institutions holding specialised expertise, including by making available the knowledge and technical resources necessary for the application of Digital Services Act (DSA).
One of the first major actions based on these new provisions was recently taken during the Romanian electoral process. On 26 November 2024, the National Audiovisual Council (NAC) submitted a complaint to the European Commission regarding possible violations of the Digital Services Act (DSA) by TikTok in the context of the Romanian presidential elections. The NAC and the ANCOM noted that TikTok allegedly failed to prevent the spread of disinformation and the amplification of electoral manipulation. The NAC and ANCOM requested the European Commission to investigate TikTok’s compliance with the DSA and its guidelines on the mitigation of systemic risks for electoral processes. Under the DSA, only the European Commission has the authority to determine whether very large online platforms (VLOPs), such as TikTok, comply with their obligations. The investigation is in course and will surely create new practices and rules as regards the compliance of the big platforms with the new rules.”
Our Recognitions in 2024
- Milcev Burbea ranked Tier 2 for Intellectual Property for EMEA 2024 by the Legal 500
- Milcev Burbea is Ranked Silver in World Trademark Review 1000
- Milcev Burbea ranked in the IAM Patent 1000
- Florina Enache, Senior Associate at Milcev Burbea, was recognised as a Rising Star in the IP STARS (Managing IP’s rankings publication) rankings.
- Managing IP – IP Stars list – Iulia Burbea, Gabriela Milcev
- Listed in Chambers Europe for Intellectual Property & TMT
- We were shortlisted in three categories in the prestigious IP EMEA Awards. The categories include:
- Trademark Firm of the Year – Romania
- Copyright & Design Firm of the Year – Romania
- Practitioner of the Year – Romania – Iulia Burbea
Events We Took Part in
- Gabriela Milcev and Veronica Floroiu took part in the MARQUES Annual Conference 2024 in Stockholm!
- We were represented by Iulia and Florina at the ECTA (official) Annual Conference, in Antwerp
Another series of conferences were attended by our team in autumn, when Milcev Burbea took part in the Navigating the Universe of Intellectual Property in the Digital Age – Counterfeiting and Piracy – Realities and Challenges conference, organised by the National Chamber of Industrial Property Attorneys. And, more recently, the Milcev Burbea team attended another interesting event – “𝐔𝐧𝐟𝐚𝐢𝐫 𝐂𝐨𝐦𝐩𝐞𝐭𝐢𝐭𝐢𝐨𝐧 𝐚𝐧𝐝 𝐭𝐡𝐞 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐨𝐟 𝐃𝐢𝐬𝐭𝐢𝐧𝐜𝐭𝐢𝐯𝐞 𝐒𝐢𝐠𝐧𝐬“, an event organised by the IPR Working Group (GLPPI) and with the support of the Scientific Association of Intellectual Property Law, the Romanian Association of Competition Law, and the US Department of Justice, and hosted by the National Institute of Magistracy.
Our Wishes to You
As we welcome 2025, we extend our heartfelt wishes to our clients, colleagues, and partners across Romania, the European Union, and beyond. May this year bring prosperity, resilience, and new opportunities for growth.
In the ever-evolving legal and business landscape, we remain committed to supporting your ambitions and protecting your interests with dedication and expertise.
Here’s to a bright and prosperous 2025 filled with achievement and meaningful partnerships!