Law No. 11 Of 29 January 1991 On Combating Unfair Competition

Original Language Title:  LEGE nr. 11 din 29 ianuarie 1991 privind combaterea concurentei neloiale

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Law No. 11 of 29 January 1991 (* updated *) on combating unfair competition (updated May 25, 2015 *) ISSUER-PARLIAMENT------Parliament adopts this law.


Article 1 (1) this law aims at ensuring fair competition, while respecting the principle of fair usage and general good faith in the interests of those involved, including the interests of consumers.
  

(2) Undertakings are required to act with due regard for fair usage in accordance with the general principle of good faith and with the present law.
  

(3) the provisions of this law shall apply to natural or legal persons, Romanian or foreign, who commit unfair practices.
  

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Art. 1 was amended by section 1 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 1 ^ 1 within the meaning of this Act, the expressions below have the following meaning: a) fair competition-competition market situation in which each enterprise trying to obtain simultaneously, profit and/or market share, offering the best combination of price, quality and related services, with due regard to the principle of fair usage and general good faith;
  

b) trade practices-any conduct, action, omission, respectively, approach or commercial communications, including advertising and marketing, carried out by an enterprise in connection with the promotion, sale or supply of a product;
  

c) courtesy of honest-generally recognised rules or practices to be applied in trade relations between enterprises in order to prevent the infringement of their legitimate rights;
  

d) trade secret means any information, in whole or in part, is not generally known or easily accessible is not the persons who routinely deals with this sort of information and which acquires a commercial value because it is secret, for which legitimate holder took reasonable steps having regard to the circumstances, to be maintained in secret; trade secrecy protection operates as long as the conditions set out above are fulfilled in cumulative;
  

It's a legitimate holder of a) trade secret means any natural or legal person who holds the statutory over a trade secret;
  

f) Enterprise-defined pursuant to article 13. 2 (2). (2) of the law on competition no. 21/1996, republished;

g) consumer-defined under art. 2(a) the Act No.) 363/2007 on combating unfair practices of merchants in relation to consumers and to harmonize regulations with Community law on consumer protection, as amended;

market participants)-businesses and consumers.
  

I) person-any current or former employee/representative of an undertaking or any other person who commits practices of unfair competition, as well as offences under article 4. "". (3).
  

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Lit. I) art. 1 ^ 1 has been introduced by section 1 of article. in accordance with law No. 117 of 21 may 2015, published in MONITORUL OFICIAL nr. 355 of 22 may 2015, which amends section 2 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.
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Art. 1 ^ 1 was introduced by section 2 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 2 (1) shall constitute unfair competition within the meaning of this law, the company's trading practices which are contrary to fair practice and the general principle of good faith and that cause or may cause damage to any participants in the market.
  

(2) it is prohibited to unfair competition practices, as follows: a) a competitor or to disparage the products/services, carried out via the communication times spread by an undertaking or its representative/employee information that does not correspond to the facts about the work of a competitor or its products, capable of injuring the interests of them;
  

b) an undertaking by the clientele hijacking by a former or current employee/representative of his times by any person through the use of trade secrets, for which the enterprise has taken reasonable measures to ensure their protection and the disclosure of which might harm the interests of that undertaking;
  

(c) any other commercial practices) that are contrary to honest practices and the general principle of good faith and that cause or may cause damage to any participants in the market.
  

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Art. 2 was amended by section 3 of article 9. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 2 ^ 1 (1) the competition Council, as an autonomous administrative authority in the field of competition, protecting businesses against unfair competition practices within the limits of the powers entrusted to it by this law.
  

(2) the protection of traders against misleading advertising and comparative advertising shall ensure compliance with the law. 158/2008 relating to misleading advertising and comparative advertising, republished.

(3) the protection of the economic interests of consumers shall ensure compliance with the law. 363/2007, with subsequent amendments.

(4) the protection of the collective interests of the public in the field of audiovisual media services shall be subject to the provisions of the Broadcasting Law No. 504/2002, as amended and supplemented.

(5) the protection of industrial property rights in the field of trade marks and geographical indications shall be ensured according to law No. 84/1998 on marks and geographical indications, republished, with subsequent amendments.

(6) protection of industrial designs shall ensure by law nr. 129/1992 on the protection of designs, republished.

(7) protection of patents for inventions shall be ensured according to law No. 64/1991 on invention patents, republished, with subsequent amendments.

(8) protection of topographies and shall ensure by law nr. 16/1995 on the protection of topographies of semiconductor products, republished.
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Art. 2 ^ 1 was introduced by paragraph 4 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 3 obligation Violation under article 4. 1 incurs civil, criminal, administrative times under this law.


Article 3 ^ 1 (1) ex officio or upon referral of individuals or legal entities which have a legitimate interest, finds the competition Council and, where appropriate, prosecute unfair competition, within the limits of the powers provided for in this law.
  

(2) the competition Council may decide, where appropriate: a) the cessation of unfair competition practices during resolution of referral;
  

b) prohibition of unfair competition practices;
  

c) imposition of fines, if administrative practice constitutes violation of unfair competition.
  

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Art. 3 ^ 1 was introduced by section 5 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 3 ^ 2 (1) the competition Council shall establish by regulation the procedure for the resolution of complaints regarding unfair competition practices.
  

(2) authors of referrals are required to provide evidence in connection with the possible unfair competition practice, a legitimate interest, as well as the risk of injury. At the request in writing of the Council, they have an obligation to make available to the competition authority with all the information and documents required. The appeal will be declared as complete submission of all documents and information required.
  

(3) the effects of a practice of unfair competition shall be determined taking account of, but not limited to, the degree of social danger of the circumstances in which it was committed as well as the importance of the economic sector in which the act occurred in the whole national economy.
  

(4) where the competition Council considers that the effects of a practice of unfair competition are minor or that the appeal is unfounded, within 30 days of registration will provide authors a reasoned reply.
  

(5) the term of settling complaints that meet the conditions laid down in paragraph 1. (3) it is 60 days from the date on which the referral is complete, according to para. 2. (6) in the cases referred to in paragraph 1. (3) within the period referred to in paragraph 1. (5) the Council adopted a decision of Competition finding and, where appropriate, by sanctioning unfair competition practices.
  

(7) the decisions of the competition Council by which it is established and, if necessary, sanction the practices of unfair competition are final are inaccurate with respect to committing an unfair competition practices.
  

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Art. 3 ^ 2 was introduced by section 5 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 3 ^ 3 (1) the decisions taken by the competition Council under art. 3 ^ 1 (1). (2) it shall immediately, but not later than 5 days after the issuance, the natural and legal persons concerned, who are required to comply with the measures ordered immediately.
  

(2) decisions of the finding and, where appropriate, sanction is contesting art.7. 49 para. (1) of law No. 21/1996, republished, that is applied properly.


(3) the decisions taken by the competition Council through the applicable sanctions, unchallenged, are law enforcement.
  

(4) the decisions taken by the competition Council shall be published on the website of the institution, and in a newspaper of wide circulation, with respect for confidential data and trade secrets. Advertising costs shall be borne by the offender.
  

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Art. 3 ^ 3 was introduced by section 5 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 3 (1) ^ 4 competition Inspectors may require businesses, public authorities and institutions as well as individuals as defined in article 2. 1 ^ 1 lit. I) the information and documents necessary for the resolution of complaints concerning unfair competition practices, stating the legal basis, the purposes, terms, and the penalties provided by law.
  

— — — — — — — — — —-. (1) of article 1. 3 ^ 4 was amended by paragraph 2 of article 9. in accordance with law No. 117 of 21 may 2015, published in MONITORUL OFICIAL nr. 355 of 22 may 2015, which amends section 5 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.

(2) the information collected under the provisions of paragraph 1. (1) may be used only for the purposes of competition law.
  

(3) for the purpose of resolving complaints concerning unfair competition practices. 4, inspectors may carry out inspections of unannounced competition, only if there are clues that can be found or may be obtained from information it deemed necessary for the performance of their duties.
  

(4) the inspections shall be carried out without warning in accordance with the provisions of law No. 21/1996, republished.
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Art. 3 ^ 4 was introduced by section 5 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 4 (1) shall constitute offences, insofar as they are not committed in such circumstances as to be considered criminal offences under the law, violation of the provisions of article 7 with guilt. 2 (2). (2) (a). the a and b)).
  

(2) the Offences referred to in paragraph 1. (1) shall be imposed: a) fine from 5,000 to 50,000 lei lei for offences committed by legal persons;
  

b) fine from 5,000 to 10,000 lei lei for offences committed by individuals.
  

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Lit. b) of paragraph 2. (2) of article 9. 4 was amended by section 3 of article 9. in accordance with law No. 117 of 21 may 2015, published in MONITORUL OFICIAL nr. 355 of 22 may 2015, which amends section 6 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.

(3) Constitute contravention, to the extent that they are not committed in such circumstances as to be considered criminal offences under the law, the following acts committed with guilt by natural or legal persons: — — — — — — — — — — — the introductory part of paragraph 1. (3) art. 4 was amended by section 3 of article 9. in accordance with law No. 117 of 21 may 2015, published in MONITORUL OFICIAL nr. 355 of 22 may 2015, which amends section 6 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.

the provision of inaccurate information), incomplete or misleading or incomplete documents times not providing requested information and documents under the provisions of art. 3 ^ 4;
  

b) providing information, documents, records, and records in incomplete form during inspections carried out;
  

unjustified refusal of c) undertakings to submit to an inspection carried out under the provisions of art. 3 ^ 4;
  

d) imposed by the failure to observe the measures competition Council under the provisions of art. 3 ^ 1 (1). (2) (a). the a and b)).
  

(4) Committing by enterprises, public authorities and institutions and the offences referred to in paragraph 1. (3) shall be imposed with a fine from 1,000 to 10,000 lei lei.
  

(5) natural persons committing the offences referred to in paragraph 1. (3) shall be imposed with a fine from 500 to 2,000 lei lei.
  

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Art. 4 was amended by section 6 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 4 ^ 1 (1) in the case of the individualization of the penalty of one of the offences provided for in this law shall be made taking into account the seriousness of the offence, its effects, and of the penalties in the last 2 years by the natural or legal person concerned.
  

(2) Notwithstanding the provisions of article 4. 13 of Ordinance No. 2/2001 on the legal regime of contraventions, approved with amendments and completions by law No. 180/2002, as amended and supplemented, administrative sanctions referred to in article 1. "". (1) shall lapse within a period of 3 years from the date of the violation.

(3) Finding and sanctioning of offences referred to in articles. "". (3) the incumbent supervisors, except it makes the competition inspectors.
  

(4) the Offences referred to in articles. "". (3) the provisions of the Ordinance shall apply to the Government. 2/2001, approved with amendments and completions by law No. 180/2002, as amended and supplemented, except art. 5-8, 28 and 29.
— — — — — — — — — — —-. (4) article. 4 ^ 1 was modified by CORRECTION No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 662 of 9 September 2014.

(5) the amount of administrative fines provided for in this law may be updated by decision of the Government, at least 2 years, depending on the inflation rate.
  

(6) Notwithstanding the provisions of article 5. 32 para. (1) of the Government Ordinance. 2/2001, approved with amendments and completions by law No. 180/2002, as amended and supplemented, against reports of finding and sanctioning of offences covered by this law may be introduced to the District Court sector 1 Bucharest, within 15 days of receipt.
— — — — — — — — — —-. (6) article. 4 ^ 1 was introduced by paragraph 4 of art. in accordance with law No. 117 of 21 may 2015, published in MONITORUL OFICIAL nr. 355 of 22 may 2015, which amends point 7 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.
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Art. 4 ^ 1 was introduced by point 7 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 5 shall constitute infringement and is punishable with imprisonment from 3 months to 2 years, or with fine: the use of a company) logo or a container liable to cause confusion with those used for other legitimate trader;
  

b) use for commercial purposes the results of experiments or other confidential information in connection with these, submitted by the competent authorities in order to obtain authorisations for the marketing of pharmaceutical or of agricultural chemical products intended for containing chemical compounds;
  

c) disclosure, acquisition or use of a trade secret by third parties as a result of an action of industrial spying, commercial times if this interests are affected or the activity of a legal person;
  

d) disclosure or use of trade secrets by persons authorised by the legitimate holders of these secrets to represent them in front of the public authorities or public institutions, where it affected the interests or the activity of a legal person;
  

It's by a) the use of the person referred to in art. 175 paragraph 1. (1) of the penal code of business secrets of which has come to their knowledge in the performance of job duties, if they are affected by this activity or interests of a legal person;
  

f) production in every way, importing, exporting, storing, offering for sale or the sale of goods or services bearing false indications concerning patents for inventions, plant patents, trade marks, geographical indications, industrial designs, topographies of times patterns of semiconductor products, other types of intellectual property, such as the appearance of buildings, design firm, or clothing of staff, advertising and the like origin and characteristics of goods, as well as with regard to the name of the manufacturer or dealer, in order to mislead others retailers and beneficiaries.
  

Through false particulars concerning the origin of goods, within the meaning of paragraph 1. and (b). f) means any indication such as to make him believe that the goods were produced in a specific location in a certain territory or in a given State are not false statement counts relating to the origin of goods a product whose name had become generic and indicates the nature of the trade only, unless the name is accompanied by a statement that could be made to believe that origin.
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Art. 5 was modified by art. 34 of the law No. 187 of 24 October 2012, published in MONITORUL OFICIAL nr. 757 from November 12, 2012.


Article 6 Repealed.
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Art. 6 it was repealed by section 8 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 7 (1) any person who has a legitimate interest may apply directly to the competent courts for termination and prohibition of unfair competition practices, to cover economic and moral damage suffered as a result of unfair competition practices, without having to scroll through any formalities in front of the competition Council.
  


(2) Actions springing from a practice of unfair competition within the competence of the Court of the place of the offence or in whose territorial RADIUS is found on the seat of the defendant; in the absence of a competent tribunal Office is the domicile of the defendant.
  

(3) in order to prevent an imminent, the competent courts may, in urgent procedure if it finds, from an initial assessment, the existence of unfair commercial practices the cessation of their prohibition, respectively until the resolution of the case.
  

(4) where the Court has ordered the cessation of practices, namely the prohibition of unfair competition, and the judgment which ordered the measure remained the definitive national competition authority will ensure, at the request of the person who made the request, the publication on the internet of a communication, which should include the headquarters and other identifying data of the enterprise the practice of unfair competition committed, as well as the measures ordered by the Court.
  

(5) at the expense of the convicted person, the Court may order the publication of the judgement, wholly or partly, in a newspaper of wide circulation.
  

(6) at the request of the legitimate holder of commercial secrecy, the Court may order measures to prohibit the exploitation of industrial and/or commercial products resulting from illicit appropriation of trade secrets or destruction of such products. The ban ceases when a protected information became public.
  

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Art. 7 was amended by section 5 of art. in accordance with law No. 117 of 21 may 2015, published in MONITORUL OFICIAL nr. 355 of 22 may 2015, which introduces PT 8 ^ 1 of art. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 8 criminal proceedings in the cases provided for in article 10. 5 put in motion prior to the complaint of the injured person, the date of referral to the Chamber of Commerce and industry or other professional organizations or persons authorized by the Council referral competition.
Pursuant to this law, the competition Council will have powers under article 4. 33-38 and 40 of the law on competition no. 21/1996, republished, with subsequent amendments and additions.
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Art. 8 was amended by paragraph 2 of article 9. 27 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 8 ^ 1 (1) for the purposes of the definition and implementation of public policies in the field of countering unfair competition, shall constitute the interinstitutional Council in combating unfair competition, as a non-permanent body, in the following composition: a) Ministry of public finance;
  

b national competition authority);
  

c) the authority responsible for protection of the rights in the audiovisual field;
  

d) national authority for consumer protection;
  

e) authority responsible for the protection of industrial property;
  

f) the authority responsible for the protection of copyright and related rights.
  

(2) the interinstitutional Council in combating unfair competition will be coordinated by the Ministry of public finance.
  

(3) the competition Council will provide the Secretariat of interinstitutional work in combating unfair competition referred to in paragraphs 1 and 2. (1).
  

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Art. 8 ^ 1 was introduced by point 9 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 8 ^ 2 (1) the interinstitutional Council annually in combating unfair competition will issue a report on the implementation of the legislation in the field of combating unfair competition, which will be submitted to the Government by the Ministry of public finance.
  

(2) the report shall include an analysis of the main issues in the field of countering unfair competition and proposals for public policies in this field.
  

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Art. 8 ^ 2 was introduced by point 9 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 8 ^ 3 Way for appointing members, role, operation and organization of the interinstitutional Council in combating unfair competition will be established by decision of the Government on the proposal of the Ministry of public finance.
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Art. 8 ^ 3 was introduced by point 9 of article. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 9 Repealed.
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Art. 9 it was repealed by section 3 of article 9. 27 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 10 Repealed.
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Art. 10 it was repealed by section 3 of article 9. 27 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 11 Repealed.
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Art. 11 was repealed by section 3 of article 9. 27 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 12 Repealed.
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Art. 12 was repealed by section 3 of article 9. 27 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 13 Repealed.
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Art. 13 was repealed by section 3 of article 9. 27 of law No. 255 of 19 July 2013, published in MONITORUL OFICIAL nr. 515 of 14 august 2013.


Article 14 Repealed.
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Art. 14 was repealed by paragraph 10 of article 10. 1 of ORDINANCE No. 12 of 31 July 2014, published in MONITORUL OFICIAL nr. 586 6 august 2014.


Article 15 this Act comes into force on its publication in the Official Gazette of Romania.

This law was adopted by the Senate at its meeting on 23 January 1991.

Academic SENATE PRESIDENT ALEXANDRU BÂRLĂDEANU this law was adopted by the Assembly of deputies at its meeting on 28 January 1991.

The PRESIDENT of the ASSEMBLY of DEPUTIES MARTIAN D under article 13. 82 lit. m) of Decree-Law No. 92/1990 to elect the Parliament and President, promulgăm law on combating unfair competition and we have its publication in the Official Gazette of Romania.

ROMANIAN PRESIDENT ION ILIESCU — — — — — — — —