The offence of counterfeiting and its consequences: when should you turn to a lawyer?
Counterfeiting is one of the most frequently investigated economic offences in Romania and across the European Union. From consumer goods to industrial components or luxury items, counterfeiting affects legitimate businesses, consumers and the economy as a whole. In many cases, those involved are unaware of the real legal risks entailed by handling or selling counterfeit products.
For companies and entrepreneurs, understanding the legal framework is essential. In certain circumstances, seemingly minor activities can lead to criminal investigations or to the seizure of goods. This is why working with a counterfeiting lawyer can be essential in protecting your rights and in properly managing a sensitive legal situation.
At Buju, Stanciu & Associates, we have advised clients in numerous cases involving economic criminal law, including investigations into customs offences and trade mark counterfeiting. The experience gained in such cases allows us to offer a clear view of how the authorities investigate these acts and of how an effective defence strategy can be built.
112 million
Products seized in the EU (2024)
€3.8 billion
Estimated value of seized goods
USD 467 billion
Global trade in counterfeits (2021)
What does the offence of counterfeiting mean?
Under Romanian law, counterfeiting is governed primarily by Legea nr. 84/1998 (Law no. 84/1998) on trade marks and geographical indications. It protects trade mark owners and penalises the unauthorised use of their marks.
Under the law, counterfeiting consists in the use of a mark identical or similar to a registered trade mark for similar goods or services, without the owner's consent.
“It is an offence to use, without right, a mark identical or similar to a registered trade mark for identical or similar goods or services, where this gives rise to confusion among the public." Legea nr. 84/1998 - Trade marks and geographical indications
This definition shows that the offence is not limited to manufacturing counterfeit goods. It may also cover other activities.
Common examples of counterfeiting
- Selling products bearing false trade marks
- Importing or exporting counterfeit goods
- Storing or transporting such products
- Unauthorised use of a trade mark for commercial purposes
- Online distribution of counterfeit products
In many cases, investigations are triggered by customs checks or by complaints filed by trade mark owners.
The link between counterfeiting and customs offences
Counterfeiting is often uncovered in the course of checks carried out by the customs authorities. In the case of imports or exports, suspect goods may be stopped and inspected.
European and national legislation gives the customs authorities clear tools to combat counterfeiting. For example, European regulations allow goods suspected of being counterfeit to be detained at the border until the legal position is clarified.
In such situations, those involved may be subject to investigations for economic or customs offences.
Where do counterfeit products come from?
Main countries of origin - seizures at EU borders, 2024
EU 2024
China 42%
Turkey 18%
United Arab Emirates 5.5%
Other countries 34.5%
At Buju, Stanciu & Associates, we have assisted clients in complex proceedings involving the seizure of goods, criminal investigations and intellectual property disputes. Our experience in customs offences enables us to assess the situation quickly and to provide legal solutions tailored to each case.
What legal risks does counterfeiting involve?
The legal consequences of counterfeiting can be significant. Depending on the seriousness of the acts and the value of the loss caused, the penalties may include:
Imprisonment from 3 months to 2 years
Under Legea nr. 84/1998, for counterfeiting trade marks or putting counterfeit goods into circulation.
Criminal fines
Substantial fines imposed on individuals and companies involved in counterfeiting activities.
Seizure of goods
Counterfeit products and the equipment used may be seized and destroyed by the authorities.
Civil damages
Payment of damages to the trade mark owners, including economic losses and lost profits.
“Putting into circulation goods bearing a mark identical or similar to a registered trade mark without the owner's consent constitutes an offence and is punishable under criminal law." Legea nr. 84/1998 - Art. 90
In addition to the criminal consequences, civil claims may also be brought by the owners of the trade marks concerned.
Criminal penalties - A comparison by type of counterfeiting
Maximum penalties under the Romanian legislation in force
Trade mark counterfeiting (Law 84/1998)
2 years
Putting counterfeit inventions into circulation
3 years
Unfair competition (serious forms)
2 years
Food counterfeiting
8 years
Counterfeiting of precious metal hallmarks
4 years
How does a counterfeiting investigation begin?
Investigations often originate from a variety of sources, and the stages unfold quickly:
Commencement of the investigation
Customs checks, complaints from trade mark owners, tax authority inspections or economic police investigations.
Seizure of goods
The authorities may order the immediate seizure of goods suspected of being counterfeit.
Opening of the criminal file
A criminal file is opened and the persons involved are questioned.
Expert reports and evidence
Expert reports on the authenticity of the goods are prepared and further evidence is gathered.
Committal for trial
If the evidence confirms the offence, the case is referred to court for resolution.
At this stage, legal assistance becomes extremely important. The early intervention of a lawyer can change the course of the investigation.
The role of the lawyer in counterfeiting cases
A counterfeiting lawyer 's role is to assess the legal position and protect the rights of the person under investigation. Legal assistance may include:
- Review of commercial and customs documents
- Verification of the lawfulness of the measures ordered by the authorities
- Preparation of defences in the criminal investigation
- Representation of the client before the criminal prosecution bodies
- Representation in court
- Assessment of whether the elements of the offence are present or whether the situation amounts to a commercial dispute
At Buju, Stanciu & Asociatii, we approach such cases through a detailed legal analysis and a clear understanding of the commercial and customs mechanisms involved. Our experience in business criminal law and customs offences enables us to identify risks quickly and to build effective defence strategies.
Do you need legal assistance?
If you are under investigation or involved in a counterfeiting case, contact our team for a consultation. Early intervention can make all the difference.
When should you turn to a lawyer?
Consulting a lawyer is advisable in a number of situations:
- Where goods are seized by the customs authorities
- Where you are summoned in a criminal investigation
- Where your company is accused of selling counterfeit goods
- Where you receive notices from trade mark owners
The early intervention of a lawyer can prevent the situation from escalating and can quickly clarify the legal issues.
The importance of prevention
For companies, prevention is just as important as defence in court. Putting in place internal procedures for vetting suppliers and commercial documents can reduce the risk of becoming involved in counterfeiting cases.
Measures such as legal audits, trade mark searches and review of commercial contracts can prevent situations that might attract criminal investigations.
Companies that work with specialists in commercial law and business criminal law are better prepared to manage these risks.
Conclusion
The offence of counterfeiting is taken seriously by the Romanian and European authorities, and the legal consequences can be significant for the individuals and companies involved. Understanding the legal framework and handling the situation correctly are essential to protecting rights and limiting risks.
Working with a counterfeiting lawyer can provide legal clarity, protection and an effective defence strategy where investigations or disputes arise over the use of trade marks.
At Buju, Stanciu & Asociatii, we provide specialist legal assistance in business criminal law and customs offences, helping clients handle complex situations with professionalism and legal rigour. In an economic climate where the protection of intellectual property is becoming ever more important, competent legal support is essential to the security of any business.