INTELLECTUAL PROPERTY LAW IN THE EU MEMBER STATES

THE ADOPTION OF THE FRAMEWORK DIRECTIVE ON THE ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS WAS INTENDED TO STOP THE CONSIDERABLE DISCREPANCIES IN NATIONAL LAWS THAT CAUSED UNCERTAINTY AND A DIFFERENCE IN THE APPLICATION OF THIS INSTITUTION BETWEEN EU MEMBER STATES. According to WIPO Magazine, "Intellectual property is a subject of growing global importance. National implementation efforts were only completed in 2009, almost five years after the Directive entered into force"13. Since the entry into force of the Treaty on the Functioning of the European Union (TFEU) in 2009, the EU has an explicit competence in the field of intellectual property rights (Article 118). Article 118 TFEU states that "in the context of the establishment and functioning of the internal market, the Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall lay down measures for the creation of EU intellectual property law to ensure uniform protection of IPR in the EU and for the establishment of centralised authorisation, coordination and enforcement systems at EU level"14. [...]at the international level there are a number of legal acts, to which Romania is a party, governing intellectual creation rights, among which we mention: * International Convention for the Protection of Industrial Property, signed in Paris in 1883; * Berne Convention for the Protection of Literary and Artistic Works, concluded on 9 September 1886 and supplemented in Paris on 4 May 1896; * the Universal Copyright Convention, adopted in Geneva in 1952; * the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, done at Rome on 26 October 1961; * The Trademark Law Treaty, adopted in Geneva on 27 October 1994; * Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks; * Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society; * Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the