Expertise

Ana-Maria Baciu has over 19 years of experience in international and domestic business law and currently heads the Intellectual Property and Pharmaceuticals and Healthcare practices of the Firm and co-heads the Gaming and Consumer protection practices together with Cosmina Simion.

Also a licensed European trademark and design attorney, Ana-Maria is versed in advising clients and teaming up with both major international law firms and IP boutiques on the full range of intellectual property aspects, including contentious and litigations. She built a strong expertise in gaming, where she has been involved in the review of the relevant new legislation, and is seen as one of the established advisors in this area; Ana-Maria is a General member of IMGL.

Complementary, along the years, she developed specific capabilities in the pharmaceuticals and healthcare area, with a particular focus on assisting pharmaceutical manufacturers on compliance and regulatory aspects.

She regularly assists in matters related to:

  • intellectual property: trademarks, designs, domain names, copyright, IP transactional, patents, enforcements and border measures
  • gaming: day-to-day advice on regulatory and corporate–commercial issues related to gambling activities, regulatory advice and full assistance with licensing and authorizing process, assistance on advertising issues related to the gambling industry, structuring and drafting joint venture agreements in relation to organizing and exploiting gambling activities, regulatory advice related to advertising lotteries and any other gaming/promotional activities, as well as AML compliance advice
  • consumer protection: aspects related to product safety and product liability, including warranties and product recall, promotional activities and labeling, distance contracts/e-commerce
  • pharmaceuticals and healthcare: particularly on regulatory advice and representation, compliance, promotional activities
  • technology: including e-commerce & internet related matters, as well as commercial arrangements related to technology development, procurement and licensing.

Representative Cases and Transactions

Intellectual Property

  • successful battle on behalf of one of the most important oral care multinational companies in relation to trademark infringement procedures
  • settlement by a multinational insurance company of a long lasting trademark dispute with an important local healthcare services provider
  • enforcement of intellectual property rights in Romania of a global manufacturer and retailer of premium jewelry and accessories
  • ongoing assistance to the third largest brewer in the world in relation to intellectual property and advertising matters
  • a worldwide re-branding process, worth over 1 million EUR, by the creator of award-winning, internationally certified Internet Security and Antivirus software, from the pre-launch phase to the final registration of the new trademarks and logos, covering more than 60 jurisdictions
  • prosecution on behalf of the leading international tobacco company of its intellectual property rights in trademarks unlawfully used by various Romanian entities over the Internet
  • defense of patent infringement proceedings against fast-growing and third-largest generics company in Europe initiated by two other players in the sector, as well as of patent infringement proceedings initiated against two more peers
  • launch on behalf of two leading generic companies of the annulment request of the extended European patents to the Romanian territory
  • assistance to a leader in embedded processing solutions for the automotive, consumer, industrial and networking markets for filing patent applications with the Romanian State Office for Inventions and Trademarks and monitoring and managing the patent applications filed in Romania
  • assistance to the largest operator in mobile communications in implementing one of the most innovative projects launched in Romania, consisting in television services provided both via the DTH (satellite) and the OTT (over the top – receiving TV services via internet) technologies

Pharmaceuticals and Healthcare

  • ongoing advice about regulatory matters to a global leader in generic pharmaceuticals, as well as to other producers and distributors of medicines, concerning regulatory matters, license and supply agreements, pricing, claw-backs, clinical trials, donation, sponsorship of medicinal products and devices, advertising, and trademarks
  • assistance to various companies from the pharmaceutical field in relation to the revision of clinical trial agreements
  • assistance to a major pharmaceutical infusions manufacturer in connection with a specific model of business concerning the import and commercialization of pharmaceutical products in Romania
  • assistance to a world leader in diabetes care in auditing its marketing practices
  • advice to a leading international medical device manufacturer concerning the general legal framework applicable to the operations of business in Romania
  • assistance and representation of the Romanian Association of International Producers of Medicines in connection with issuance of a position paper on a package of major draft healthcare legislation, implementing the EU legislation, including drafts regarding medicine, transplants, voluntary health insurance and the establishment of a national health fund
  • assistance to one of the main worldwide generic pharmaceutical producers in a 324 million USD acquisition of one of the leading Romanian producers in the field
  • assistance to one of the main worldwide generic pharmaceutical producers in connection to a proposed indirect acquisition of a majority stake in the most important local oncology medicine manufacturers

Gaming

  • assistance to various leading online gambling operators in relation to access to Romanian market (including assistance with the licensing and authorization process), as well as assistance in relation to the day-to-day activities in Romania
  • assistance to certain major online operators during the process of applying for the criminal and fiscal amnesty for online gambling activity carried out in Romania before 2015, without holding Romanian license and authorization
  • assistance to some of the most important services providers and payment processors in the online gambling industry in relation to access to Romanian market (including assistance with the licensing process), as well as assistance in relation to the day-to-day activities in Romania
  • assistance to one of the leaders in the Central European gaming market, in relation to regulatory aspects for the acquisition of one of the top gaming companies in Romania
  • assistance to the largest online gaming professional association in the world, representing most of the world’s largest licensed and stock market-listed remote gaming operators and software providers, during the drafting   of the primary and secondary legislation   in the gaming field, in close cooperation with the Romanian National Gambling Office and the representatives of the Romanian association in the industry
  • assistance to one of the largest integrated conglomerate of the international gaming industry , with respect to specific areas related to gaming, but also to enforcement against infringement of the rights of the companies in the group by local third parties
  • assistance to one of the world’s largest operator of lotteries in relation to potential joint ventures with private and public entities, for organizing and exploiting gambling activities in Romania
  • assistance to an American multinational Internet-based corporation on all aspects related to online advertising by preparing the advertising guidelines for Romania, covering a wide range of areas, including advertising on gambling activities
  • assistance to a leading interactive marketing and sales company specialized in mobile and digital channels in launching a television game / contest on the Romanian market, including structuring the mechanism for ensuring full compliance with Romanian legislation
  • assistance to Romanian and international clients on Romanian gambling law compliance for lotteries and advertising practices intended to be carried out by the clients in Romania

Consumer Protection & Advertising

  • ongoing advice to a leading global supermarket chain in relation to various consumer protection and advertising aspects in the activity of consumer product retail
  • ongoing assistance to clients in various industries on compliance with product liability, product safety, labeling and advertising legal provisions
  • assistance to leading software producers, international telecom and IT companies and major companies in the automotive industry, in providing legal guidance in relation to warranty legal provisions
  • assistance to major international companies regarding the review and clearance of labeling and advertising materials
  • assistance to a large range of clients in relation to various legal aspects regarding promotional activities
  • ongoing assistance to a company that develops, markets and sells nutrition, weight management and skin-care products globally by providing legal guidance in regulatory matters regarding food supplements, including representation before the competent authorities
  • assistance to an important number of prominent companies on product recall actions, among which an American indoor sports equipment manufacturer, an international toy maker; an American coffeehouse chain, a global electronics manufacturing company, a global networking company, a major company in the automotive industry, a Swedish transportation company, a major manufacturer of electronic devices
  • assistance to clients from various industries, with respect to the legal review of Terms and Conditions and agreements governing the use of their websites as well as of the statements to be posted on these websites
  • providing risk assessments on international and local promotional campaigns developed by our clients, review terms and conditions, providing copy clearance and advice on strategy, drafting and reviewing advertising and sponsorship agreements, advising on the use of online and social media as well as on comparative and misleading advertising
  • representing clients in connection with challenges to published or broadcasted advertising materials before relevant authorities as well as before self-regulation bodies
  • providing advice on advertising and marketing restrictions applying to specific sectors such as the gambling, pharmaceutical or spirits / tobacco industry

Accolades

  • Ranked by Chambers and Partners as a Leading Individual in Intellectual Property
  • Ranked by Legal 500 as a Leading Individual in Intellectual Property
  • Included in Top 250 Women in IP by Managing Intellectual Property’s IP Stars
  • Ranked as Leading Trademark Professional by WTR 1000 (Gold Band)
  • Rated as Leading Patent Practitioner by IAM Patent 1000

Clients say she gets “straight to the point and is always very well prepared in her domain”.
(Chambers and Partners, 2018)

Ana Maria Baciu remains a leading Romanian IP lawyer, praised as “client-oriented and knowledgeable, with a pro-active attitude and good project management skills”.
(Chambers and Partners, 2016)

Covering all bases, Ana-Maria Baciu heads up the squad and boasts specialist know-how in the gaming and pharmaceutical industries.
(WTR 1000, 2016)

According to sources, Baciu is “a tough, pragmatic and logical” lawyer, who “handles everything swiftly and efficiently”.
(Chambers and Partners, 2015)

“She is a fast and sharp lawyer with a focus on giving the client concrete input”, says one client.
(IP Stars, 2015)

IP chief Ana-Maria Baciu is a force to be reckoned with in pharmaceutical proceedings; her savvy in this area has been formally recognised through her chairmanship of Lex Mundi’s healthcare practice group.
(WTR 1000, 2015)

Education

  • University of Bucharest Law School, Law Degree
  • Licensed European Trademark and Design Attorney

Memberships and Affiliations

  • Bucharest Bar
  • European Communities Trademark Association (ECTA)
  • International Association for the Protection of Intellectual Property (AIPPI)
  • International Trade Mark Association (INTA) (Member of the Anticounterfeiting Committee)
  • International Masters of Gaming Law (IMGL), General Member
  • Lex Mundi healthcare industries practice group
  • Romanian National Chamber of Industrial Property Attorneys

Notable contributions

Intellectual Property

  • “Romania: Practical Information Regarding ccTLD (.RO) Domain Name Disputes” (CEE Legal Matters, 2017) (co-author)
  • speaker at PR Forum (2015)
  • speaker at Innovation Coffeeshop, organized by Executive Agency for Financing Higher Education, Research, Development and Innovation (2014 and 2015)
  • speaker at Counterfeit and piracy in the IP field, organized by Rominvent (2014)
  • speaker at Fighting counterfeit: new solutions to an old issue, organized by Legal Magazin (2014)
  • A Look Towards the Cigarettes of the Future” (GC Grapevine, 2014)
  • Trademark E-filing Launched in Romania” (CEE Legal Matters, 2014)
  • Romania: Debatable new approach to trademark examination” (Managing IP, 2013)
  • “Getting the Deal Through: Copyright – Romania chapter” (Law Business Research, 2013)
  • “Getting the Deal Through: Intellectual Property & Antitrust Romania chapter” (Law Business Research, 2011-2013)
  • speaker at Webstock, organized by Evensys (2013)
  • special guest in the Internet Lynx show on Radio Lynx (2012)
  • speaker at Legal issues in social media, organized by Evensys (2012)
  • speaker at Legal issues in social media, organized by Evensys (2011)
  • speaker at Social Networks Conference – Focus on Facebook, organized by Evensys (2011)
  • Regular contributor for Managing IP (for over six years)
  • Constant contributions to World Trademark Review Yearbook (for over seven years)  and World Trademark Review Daily (for over twelve years)

Gaming

  • speaker at the Eastern European Gaming Summit, organized by The Bulgarian Trade Association of Manufacturers and Operators in the Gaming Industry (Sofia, Bulgaria, November 2018)
  • ICLG: Gambling 2019 – Romania Chapter” (Global Legal Group, November 2018) (co-author)
  • speaker at IBA 2018, organized by International Bar Association (Rome, Italy, October 2018)
  • speaker in the “Blockchain” Panel at IMGL 2018 Autumn Conference, organized by International Masters of Gaming Law (Prague, Czech Republic, September 2018)
  • “The change of taxation mechanism for revenues obtained by individuals from on-line gambling” (Online Gambling Lawyer, April 2018) (co-author)
  • “Romania tightens gambling advertising restrictions” (Online Gambling Lawyer, March 2018) (co-author)
  • “Gaming in Romania: overview” (Thomson Reuters, February 2018) (co-author)
  • speaker at the conference “Financial Services, Fiscal and Legal Issues on the Gambling Market in Romania”, organized by Casino Inside magazine (2017)
  • “The Gambling Law Review – Edition 2: Romania chapter” (2017) (co-author)
  • Gaming Law Global Guide 2016, 3rd edition – Romania chapter (Thomson Reuters, 2016)
  • European Gaming Lawyer Magazine (Autumn Issue) – M&A Round Table (iGaming Business, 2016)
  • 2015, the year of the first licenses for online gambling in Romania?” (Capital, 2015)
  • Romania moves closer to ‘unblocking’ online gaming” (World Online Gambling Law Report, 2014)
  • ICLG: Gambling 2017- Romania Chapter” (Global Legal Group, 2016)
  • ICLG: Gambling 2016- Romania Chapter” (Global Legal Group, 2015)
  • ICLG: Gambling 2015 – Romania Chapter” (Global Legal Group, 2014)
  • Gaming Law – Romania chapter”, European Lawyer Reference Series  (Thomson Reuters, 2014)
  • Romania bet on gambling. Again” (Wall-Street, 2014)
  • Regular contributor for Casino Inside (2014-present)
  • Online Gambling in Romania of 2014. Where to?” (European Legal Outlook, 2011 – 2013)
  • “Unblocking the online gambling market in Romania”, Markets on the Move (World Online Gambling Law Report, 2013)
  • New Perspective of Online Gambling” (World Online Gambling Law Report, 2013)
  • National Gambling Office, TV Bingo, and the State Budget” (iGaming Business, 2013)

Pharmaceutical and Healthcare

  • speaker at ZF Pharma Summit 2018, organized by Ziarul Financiar (September 2018)
  • speaker at Pharmaceutical Industry Forum, organized by Pharma Business Services (2017)
  • speaker at Pharma Marketing Conference, organized by Evensys (2014, 2015, 2016)
  • Distribution & Marketing of Drugs – Romania chapter“, 1st edition, (Thomson Reuters, 2013)
  • “PLC Cross-border Life Sciences Handbook 2010/11 – Romania chapter” (PLC, 2011)