Andra O. Musatescu

Dr. Andra Musatescu is considered and recognized as “bright, prompt, thorough, commercial and determined [with] a fantastic understanding of her clients’ business” (WTR1000), “an  IP expert of the absolutely highest standard” (Legal 500“a fantastic lawyer” (Chambers and Partners), “a true expert at what she does” (WTR1000) and “one of the best external legal counsel to be found anywhere” (WTR1000).

Clients also mention that “she achieves great results and her advice is sound and trustworthy. She partners closely with the client and is like a member of the in-house team” (WTR1000).

With her extensive legal experience of over 19 years in the Romanian legal system, and with deep understanding of US and UK legal principles from both her higher education and work, Dr. Musatescu has advised and represented major foreign multinational companies and Romanian entities in relation to all IP rights, including trademarks, designs and copyrights.

Dr. Musatescu’s areas of expertise include intellectual property (IP), unfair competition, competition, tax, energy, mining, oil, gas and international law.

In IP, her practice encompasses filing, prosecution, litigation, infringements, anti-counterfeiting and representation before the national State Office for Patents and Trademarks, courts (including the Supreme Court), customs, WIPO and OHIM and is the founder of Andra Musatescu Law & Industrial Property Offices.

As examples, only in the recent previous years she was involved and managed the team in preparing and sustaining over 250 complex litigation cases, 300 customs seizures and taking care of over 1,000 trademarks of the firm’s clients.

She is (i) the Vice-Chair of the Central and Eastern European Committee of the ITechLaw Association, organization established since 1971 and one of the most widely known and largest associations of its kind and (ii) for over 10 years member of leadership committees of well-known international associations like International Trademark Association (INTA) and American Chamber of Commerce (AmCham).

Ms. Musatescu is currently on the list of Arbitrators and Mediators held by World Intellectual Property Organization (WIPO).

She was also highly involved in giving opinion and drafting amendments to the existing legislation, either at the European level (e.g. via her committee work in the International Trademark Association she was engaged in the legislative process regarding the very recent EU trade mark reform package) and at the national level (e.g. due to her membership of committees at American Chamber of Commerce, she was working on the new unfair competition legislation).

1. Education and Qualifications

Ms. Musatescu has the following qualifications and education:

  • European Trade Mark and Design Attorney (2007),
  • Industrial Property Counsel/Attorney – Trade Marks, Industrial Designs, Layouts of Integrated Circuits, Patents (member of Romanian Chamber of Industrial Property Counsels, 2001),
  • Barrister/Attorney-at-Law (member of Romanian and Bucharest Bar Associations, 1997),
  • Doctor of Laws (Ph.D in Intellectual Property Law at Romanian Academy, Legal Research Institute, 2007),
  • Master of Laws (L.L.M. in International and European Legal Studies at University of Durham, Law School, U.K. – Chevening Scholarship, 1998). University of Durham is one of the top 3 Universities in U.K. (mentioned as such by Sunday Times University Guide) and ranked among the top Universities in the world,
  • Law Degree (University of Bucharest, Law School, 1996),
  • Certificates (Romanian State Office for Patents and Trade Marks, Industrial Property Law, 2000; University of Cambridge – Soros Scholarship, 1995; New England School of Law, Boston, USA, 1995).

The Masters degree obtained from the University of Durham, United Kingdom, specialized Ms. Musatescu in European Community law, with an emphasis on intellectual property and especially on trade marks and her Ph.D thesis had as a topic the impact of trademarks on free movement of goods and competition. Andra Musatescu is now a Dr. in Law, title obtained from the Romanian Academy, Legal Research Institute.

2. Professional Affiliations and Activities

Dr. Andra Musatescu is currently on the list of Arbitrators and Mediators held by World Intellectual Property Organization (WIPO).

Andra Musatescu is also an active member of leadership committees of different international associations, such as International Technology Law Association (ITechLaw), International Trademark Association (INTA)and American Chamber of Commerce (AmCham) and national organizations, as follows:

  • Vice-Chair of the Central and Eastern European Committee of the ITechLaw Association (2014 – present);
  • Member of the International Trademark Association (INTA) Practices Committee, European National Offices Subcommittee (2014 – 2015 committee term);
  • Member of the International Trademark Association (INTA) Harmonization of Trademark Law and Practices Committee, International Classification Subcommittee (2013 – 2014 committee term);
  • Member of the International Trademark Association (INTA)  Harmonization of Trademark Law and Practices Committee, International Classification Subcommittee (2012 – 2013 committee term);
  • Member of the International Trademark Association (INTA) Harmonization of Trademark Law and Practices Committee, International Classification Subcommittee (2011 – 2012 committee term);
  • Member of the International Trademark Association (INTA) Harmonization of Trademark Law and Practices Committee, International Classification Subcommittee (2010 – 2011 committee term);
  • Member of the International Association of Intellectual Property (AIPPI), (2009 – present);
  • Member of the European Union Subcommittee of the International Trademark Association (INTA) Parallel Imports Committee (2009 – 2010 committee term);
  • Member of the European Union Subcommittee of the International Trademark Association (INTA) Parallel Imports Committee (2008 – 2009 committee term);
  • Member of the International Trademark Association (INTA) Dilution and Well Known Marks Committee, Eastern Europe and Central Asia Subcommittee (2007-2008 committee term);
  • Member of the International Trademark Association (INTA) Dilution and Well Known Marks Committee, Eastern Europe and Central Asia Subcommittee, (2006-2007 committee term);
  • On the list of Arbitrators and Mediators held by World Intellectual Property Organization (WIPO), (2005 – present);
  • Member of the American Chamber of Commerce (AmCham) (2004-present);
  • Member of the IT&C Committee of American Chamber of Commerce (AmCham);
  • Member of the International Trademark Association (INTA), (2004 – present);
  • Member of the Publication Committee of the European Communities Trademark Association (ECTA), (2003-2015);
  • Member of the European Communities Trade Mark Association (ECTA), (2003 – 2015);
  • Member of the Romanian Energy Policy Association (2001 – present);
  • Member of the Romanian Chamber of Industrial Property Attorneys (2001 – present);
  • Member of the Bucharest Bar Association (1997 – present);
  • Member of the National Barrister’s Union (1997 – present).

As an example of duties performed with the associations, during the membership of the INTA Dilution and Well Known Marks Committee she drafted reports on the current legislation of Romania and Moldavia with respect to the well-known trademarks and submitted opinions with respect to a potential change in the legislation relating to well-known trade marks registry. She has also worked on a number of PHARE programs in relation to the harmonization of Romanian laws with the European Community law.

She was the Key Local Expert in a PHARE Project on “Upgrading and Harmonization of Intellectual and Industrial Property Rights, and Strengthening of Implementing Authorities in Charge of Intellectual and Industrial Property Protection” (‘the Project’). Within the Project, Ms. Musatescu trained judges, custom officers and patent attorneys and expressed opinions regarding changes in the Romanian legislation for increasing the level of the harmonization of the Romanian legislation with the EC legislation.

She is also mentioned in Marquis Who’s Who in the World and in Who is Who in Romania, is the head of Durham Alumni Association in Romania and selected as an “IP Star” by the Managing Intellectual Property Magazine.

3. Articles

She has authored a number of articles in relation to trade marks in Romania, participated as a speaker or as Chair-Person in seminars, conferences, table topics etc., among which:

Articles and Publications (selection):

  • Author: Member of Danone group obtains cancellation of local company’s mark, World Trademark Review Daily, 2014;
  • Author: Court of Appeal of Bucharest issues decision in RCD case, World Trademark Review Daily, 2013;
  • Author: US fishing tackle company obtains second positive annulment decision”, World Trademark Review Daily, 2013;
  • Author: “Court recognizes similarity in annulment case”, World Trademark Review Daily, 2012;
  • Author: “Romania: Trademark inherent and aquired distinctiveness seen by the Romanian courts”, Eastern European IP Guide, 2012;
  • Author: “US company fishes out victory in annulment action”, World Trademark Review Daily, 2012;
  • Author: “Court recognises high distinctiveness of earlier marks in cancellation action”, World Trademark Review Daily, 2012;
  • Author: “Short views over the notions of distinctive trademarks, trademarks with reputation and well-known, Revista Romana de Proprietate Industriala, Oficiul de Stat Pentru Inventii si Marci, No. 3-4, 2011;
  • Author: “The conflict between Commercial Names and Trade Marks”, Revista Romana de Proprietate Industriala, Oficiul de Stat Pentru Inventii si Marci, No. 2, 2006;
  • Author: “Importance of brands and avoiding conflicts between them in the light of European Integration”, American Business Net, Summer Edition, 2005;
  • Author: “The competence of the civil sections in intellectual property matters. Trade Marks”, Inventica si Economie, 2003;
  • Author: “Trademarks in the Context of European Integration Once More (II),”Inventica si Economie No.10, 2000;
  • Author: “Trademarks in the Context of European Integration,” Inventica si Economie No.1-2, 1999.

Speaking Engagements and Presentations (selection):

  • Chairperson at the Roundtable “Practical matters regarding the jurisdiction of the national courts in the trademarks field further to the new Civil Procedural Code”, the first roundtable outside Bucharest (but still in Romania), organized under the aegis of International Trademark Association (INTA). The event took place in the Festive Hall of the Arad High Court, 27 November 2014;
  • Chairperson at the Roundtable “the Strengthening of the professional relationship between the authorities and the rights’ holders”, the first roundtable in Republic of Moldova organized under the aegis of International Trademark Association (INTA). The event took place at the Moldavian Agency for Intellectual Property (AGEPI), 03 October 2014;
  • Chairperson at the Roundtable “Trademarks and their impact on Competition” Second Edition organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks (OSIM), 26 November 2013;
  • Chairperson at the Roundtable “Trademarks and their impact on Competition” organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks (OSIM), 12 September 2012;
  • Chairperson at the Roundtable “One Year After its Modification” organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks (OSIM), 02 November 2011;
  • Chairperson at the Roundtable “New Challenges in the field: Recent Modifications to the Trademark Law” organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks (OSIM), 03 November 2010;
  • Chairperson at the Roundtable “Problems Which Can Appear in Trademark Protection and Enforcement” organized under the aegis of International Trademark Association (INTA), at the Siqua Hotel, Bucharest, 04 November 2009;
  • Moderator at the Parallel Imports in Europe – Latest Developments Table Topic held at International Trademark Association (INTA) Annual Meeting in Seattle, 2009;
  • Chairperson at the Roundtable “The New Challenge Romania Faces: Community Trade Marks” organized under the aegis of International Trademark Association (INTA), at the Romanian State Office for Patents and Trademarks, Bucharest, 21 November 2008;
  • Moderator at the Parallel Imports in European Community Table Topic held at International Trademark Association (INTA) Annual Meeting in Chicago, 2007;
  • Speaker presenting: “The Importance of Trademarks” at the Company Image Promotion organized by the Romanian Electric Company, September 2006;
  • Trainer: (Chair-Person) at the seminar ‘Intellectual property is private property’ held in Constanta for Judges, Prosecutors and Police on 11-13 May 2004;
  • Trainer: (Speaker & Chair-Person) at the seminar ‘Intellectual property is private property’ held in Timisoara for Customs and Border Police between 10-11 March 2004;
  • Speaker at the Intellectual Property Conference organized by the American Embassy and American Chamber of Commerce at Marriott on 3 February 2004;
  • Speaker presenting: “The Importance of Trade Mark in Free Market Economy” at the Company Image Promotion organized by the Romanian Electric Company, 26-27 June 2002.

4. Ranked/recommended (selection)

-Award for Intellectual Property Field, Gala Lady Lawyer, Legal Magazin, 24 October 2014;

- Award for professionalism and international recognition, Finmedia – Intellectual Property Gala 2012;

- Winner of the Corporate Intl Magazine 2011 Global Award: “Intellectual Property Lawyer of the Year in Romania”;

- Member of the Industrial Property Law Firm of the Year – Global Award – Aquisition International Legal Awards 2014;

- Member of the “Intellectual Property Law Firm of the Year in Romania”- Corporate Intl Magazine 2013 Global Awards;

- Member of the “Intellectual Property Law Firm of the Year in Romania”- Corporate Intl Magazine 2012 Global Awards;

- Member of the “Dispute Resolution Law Firm of the Year in Romania” – Aquisition International 2012;

- Member of the “Dispute Resolution Law Firm of the Year in Romania” – Aquisition International 2011.

Email: andramusatescu@andramusatescu.ro