BACIU Partners

Do you know what the most cited, most replicated and most contested regulation in the history of European digital law is?

Yes, indeed, you've got it: 𝐭𝐡𝐞 𝐆𝐃𝐏𝐑.

It has exported a global standard, created new professions and shifted the question companies ask themselves, from "how do we collect more?" to "do we genuinely need this data?"

Its structural paradox, however, remains unresolved:

it has proved easier to comply with for the large than for the small, and easier to circumvent for those who knew how to select the appropriate jurisdiction.

The question with which it enters its ninth year is not whether it has mattered. 𝐈𝐭 𝐡𝐚𝐬.

𝐓𝐡𝐞 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧 𝐢𝐬 𝐰𝐡𝐞𝐭𝐡𝐞𝐫 𝐚 𝐫𝐞𝐠𝐮𝐥𝐚𝐭𝐢𝐨𝐧 𝐝𝐫𝐚𝐟𝐭𝐞𝐝 𝐛𝐞𝐟𝐨𝐫𝐞 𝐂𝐡𝐚𝐭𝐆𝐏𝐓 𝐜𝐚𝐧 𝐬𝐭𝐢𝐥𝐥 𝐠𝐨𝐯𝐞𝐫𝐧 𝐚 𝐰𝐨𝐫𝐥𝐝 𝐢𝐧 𝐰𝐡𝐢𝐜𝐡 𝐝𝐚𝐭𝐚 𝐢𝐬 𝐧𝐨𝐭 𝐞𝐫𝐚𝐬𝐞𝐝, 𝐢𝐭 𝐢𝐬 𝐭𝐫𝐚𝐢𝐧𝐞𝐝 𝐮𝐩𝐨𝐧.

Catch up on the state of play, in a (sort of) journal of the past eight years signed by 𝐀𝐝𝐞𝐥𝐚 𝐍𝐮ță.

Now that the 6th edition of the EUIPO - European Union Intellectual Property Office IP Case-Law Conference has wrapped up here are 4 major IP trends and key concepts Marta Datcu brought back to share with our clients and partners:

🛑 The CJEU admission filter and why a flawless initial strategy is the only shot.

♻️ Upcycling vs. Trademark exhaustion as a (possible) new battlefield for retail and fashion?

⚔️ Abuse of Process – the crackdown on vexatious and anti-competitive trademark actions.

🔍 Genuine Use in a Fluid Era (that is motivational, we would say!), aka proving trademark use when commercial realities blur the old classes.

We believe that the sound of knowledge means anticipating these European shifts before they turn into local business risks. We use these insightful perspectives to ensure the business community is equipped to achieves predictability and a competitive edge (at least from an IP standpoint! 😊).

𝐂𝐚𝐧 𝐚𝐧 𝐚𝐥𝐠𝐨𝐫𝐢𝐭𝐡𝐦 𝐭𝐫𝐮𝐥𝐲 "𝐜𝐫𝐞𝐚𝐭𝐞," 𝐨𝐫 𝐢𝐬 𝐢𝐭 𝐣𝐮𝐬𝐭 𝐬𝐨𝐩𝐡𝐢𝐬𝐭𝐢𝐜𝐚𝐭𝐞𝐝 𝐦𝐢𝐦𝐢𝐜𝐤𝐢𝐧𝐠?

As AI pushes the music industry to its limits, the legal landscape of intellectual property is facing one of the most radical challenge yet, too.

The rise of AI-generated music is, above all, a legal puzzle. From the training data used to "teach" these models to the final output that resonates through our headphones, every note raises (or certainly should 😉) critical questions about authorship and protection.

Ana-Maria Baciu explores these complexities in her latest piece, "𝐓𝐡𝐞 𝐇𝐚𝐫𝐦𝐨𝐧𝐲 𝐨𝐟 𝐂𝐨𝐝𝐞 𝐚𝐧𝐝 𝐂𝐨𝐩𝐲𝐫𝐢𝐠𝐡𝐭: 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐢𝐧 𝐭𝐡𝐞 𝐀𝐠𝐚 𝐨𝐟 𝐀𝐈" where she breaks down:

✅ The shift in traditional IP paradigms when AI becomes the "composer."

✅ The ownership dilemma: Is it the programmer, the prompter, or the AI itself?

✅ Balancing industry innovation with the protection of human creativity.

At BACIU PARTNERS, we believe that navigating the age of AI requires a clear vision for the future of intellectual property, all while amplifying the sound of knowledge - the full piece available on our website's News & Insights section.

Behind every major sporting event, beyond performance and the spotlight, there is strategy, ownership, and a complex web of rights that shape how value is

🧩 created,
🛡️ protected and
💼 commercialised.

This perspective was again brought into focus by this year’s World Intellectual Property Day, dedicated to 𝐈𝐏 𝐚𝐧𝐝 𝐒𝐩𝐨𝐫𝐭, and served as the red thread of the event organised by the U.S. Department of Justice – ICHIP and the Grupul de Lucru pe Probleme de Proprietate Intelectuală, alongside their partners, for the Romanian IP community.

𝐃𝐞𝐧𝐢𝐬𝐚 𝐃𝐫ă𝐠𝐮ș𝐢𝐧 captured the energy (you noticed it in her smile? 🙂 ) of the discussions and the genuinely engaged exchanges around both the visible and the less visible layers of IP in the sports ecosystem.

A special note to Gabriel N. Turcu for his consistent efforts in keeping the local IP community connected.

We collect and share insights that amplify the sound of knowledge 🔊 and are excited to be part of this community!

One of the best ways to celebrate intellectual property is by investing in the next generation of legal architects – this is the credo that drives each edition of the BACIU PARTNERS Intellectual Property Moot Court Competition to successful conclusion.

As our very own Ana-Maria Baciu highlighted at the end of the competition:

"For me, the essential part is that the students who participate in this project do so because they want to be there, not because they have to... this year, perhaps more than ever, I noted and appreciated a highly effective strategy in the presentation of pleadings, as well as the overall vision demonstrated by the participating teams."

A huge congratulations to our podium finishers who demonstrated exceptional grit and skill at the Bucharest Court of Appeal:

🏆 1st Place: 𝐌𝐢𝐫𝐮𝐧𝐚 𝐍𝐢𝐜𝐨𝐥𝐚𝐞 & 𝐌𝐚𝐫𝐢𝐚 𝐓𝐨𝐦𝐚
🥈 2nd Place: 𝐓𝐡𝐞𝐚 𝐎𝐧𝐨𝐟𝐫𝐞𝐢 & 𝐌𝐚𝐫𝐢𝐚 𝐆𝐫𝐚𝐝𝐢𝐧𝐚𝐫𝐮𝐥
🥉 3rd Place: 𝐀𝐥𝐞𝐱𝐚𝐧𝐝𝐫𝐚 𝐌𝐮𝐭𝐮𝐳𝐚𝐜 & 𝐑𝐮𝐧𝐚 𝐏𝐞𝐭𝐫𝐚𝐜𝐡𝐞

This marathon of knowledge wouldn't have been possible without our dedicated team – kudos to 𝐈𝐥𝐞𝐚𝐧𝐚 𝐍𝐢𝐜𝐨𝐥𝐞𝐬𝐜𝐮-𝐃𝐞𝐜𝐬𝐞𝐢, 𝐈𝐮𝐥𝐢𝐚 𝐆𝐡𝐢𝐭𝐚, 𝐃𝐞𝐧𝐢𝐬𝐚 𝐃𝐫ă𝐠𝐮ș𝐢𝐧, and 𝐌𝐚𝐫𝐭𝐚 𝐃𝐚𝐭𝐜𝐮, for their commitment to the BACIU PARTNERS "signature touch”.

We also thank ELSA Bucharest for their partnership in making this edition yet another successful cooperation.

(belated but heartedly) 𝐇𝐚𝐩𝐩𝐲 𝐖𝐨𝐫𝐥𝐝 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐃𝐚𝐲! 🌐✨

Zilele următoare vor fi mai mult decît de obicei despre a sărbători reînnoirea și speranța, cu gândul că, atunci când privim și ascultăm, atât înăuntrul nostru, cât și pe cei din jur, suntem mai aproape de ceea ce contează cu adevărat.

Vă dorim un Paște cu tihna, claritate și sens. 🦋

🌿🌿

The next few days will be more that usual about celebrating renewal and hope, with a simple thought in mind: when we look and listen, within ourselves and to those around us, we feel that we are closer to what truly matters.

We wish you Happy Easter, with clarity and meaning. 🦋

Here’s a set-up we’re excited to be part of:

𝐓𝐇𝐄 City, 𝐓𝐇𝐄 community, but 𝐧𝐞𝐯𝐞𝐫 𝐭𝐡𝐞 𝐬𝐚𝐦𝐞 𝐜𝐨𝐧𝐯𝐞𝐫𝐬𝐚𝐭𝐢𝐨𝐧𝐬!

Ana-Maria Baciu and Adina Bădărău will be in London for the 2026 Annual Meeting of the 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐓𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐢𝐨𝐧 (𝐈𝐍𝐓𝐀), between 2–6 May.

While the setting may be familiar, what makes it relevant is 𝐓𝐇𝐄 𝐂𝐎𝐌𝐌𝐔𝐍𝐈𝐓𝐘:

one of the most important global meeting points for the IP world, where insights meet multi-jurisdictional business realities, and conversations often go well beyond the agenda.

They will be there representing the team behind a versatile, award-winning intellectual property practice, delivering the full spectrum of services (often associated with boutique firms, combined with the resources and extended capabilities of an outstanding business law firm):

all under one roof, with lawyers, trademark, design and patent attorneys working side by side.

So, if you’re attending and open to a good IP conversation (practical, thoughtful, and maybe even a bit unexpected, but surely amplifying the sound of knowledge), we would be glad to connect.

𝐆𝐞𝐭 𝐢𝐧 𝐭𝐨𝐮𝐜𝐡! 𝐀𝐧𝐝 𝐬𝐞𝐞 𝐲𝐨𝐮 𝐢𝐧 𝐋𝐨𝐧𝐝𝐨𝐧!