The High Court of Cassation and Justice ruled that, for the purposes of art. 3 paragraphs (1) pt. 11 lit. a) of Law no. 344/2005, counterfeit goods is “any goods, including packaging, bearing without authorization an identical trademark or which does not differ in its essential aspects of a product or service trademark, legally registered for the same type of goods and, therefore, violate the rights of the holder of that trademark”.

The High Court held that by introducing into the country from the territory of a third country (outside the EEA), of goods bearing an identical sign to the international trademarks, held the exclusive right of use of the trademark owner, without his consent and, consequently, this is a violation of intellectual property rights.