Competition & Intellectual Property

At Tudorache & Asociații, we approach competition law from a strategic perspective, closely integrated with our strong expertise in intellectual property (IP). In a creativity-driven and innovation-based economy, legal protection of intellectual assets is essential—but the way IP rights are exercised must comply with the principles of fair competition.

We offer legal advice and representation at the crossroads of these two key areas: how to use intellectual property to strengthen your market position without breaching competition law.

Our services include:

Assessing anti-competitive behavior related to the use of IP rights:

• abuse of dominant position through restrictive or exclusive licensing,

• unjustified refusal to license essential IP,

• anti-competitive non-compete clauses in assignment or licensing agreements,

• strategic use of trademarks or patents to block market access.

Legal support in cases of unfair competition, such as:

• unauthorized imitation of brands, packaging, or TV formats,

• exploitation of a competitor’s reputation or trademark to mislead consumers,

• unlawful use of trade names or distinctive business identifiers.

Drafting and reviewing IP contracts in line with competition regulations:

• trademark, patent, and know-how licenses aligned with antitrust law,

• franchise and partnership agreements that avoid excessive restrictions.

Advising on relations with collective management organizations, ensuring non-discriminatory treatment and avoiding abuse of dominance.

Representation before the Competition Council in investigations involving copyright, trademarks, patents, or exclusivity clauses.

Why it matters:

Intellectual property gives you exclusivity—but exercising that exclusivity must respect the boundaries of fair market conduct. A poorly drafted contract, an overly restrictive license, or a market-blocking strategy can lead to significant legal and financial risks, even if your IP rights are valid and registered.