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Ana Maria Kusak

Partner

With over 15 years of experience, Ana is specialised in competition and intellectual property law and, since 2004, has also been an intellectual property counselor and a European trademark and design attorney with EUIPO.

Prior to becoming a partner in our firm, Ana coordinated the competition and intellectual property  practices of Muşat & Associates and Clifford Chance and was also a partner with Mareş/Danilescu/Mareş.

Ana gained her extensive experience in competition law by assisting international and prominent local clients on issues such as complex clearances in M&A cases, antitrust issues across various industries, including transport, automotive, pharma and FMGC and State aid specific matters. She has also developed antitrust compliance programmes and training programmes tailored to clients’ specific needs.

Her extensive intellectual property experience includes assisting both local and international clients on complex copyrights and other related rights issues in various industries including advertising, media, music, theatre and cinema, literature, public relations and corporate communications as well as in matters relating to trademarks, designs, counterfeiting and data protection and privacy.

Ana has been a member of the Bucharest Bar since 2002.

 

LANGUAGES

Romanian - English - French - Spanish

 

EDUCATION

2004 - Intellectual Property Counselor (trademarks)

2002 - Member of the Bucharest Bar

2001 - "Nicolae Titulescu" University - Faculty of Law

 

PROJECTS

  • Assisting one of the most important Romanian PR & communication agencies with various IP and commercial issues, including copyrights infringements and specific advice in the advertising and media sectors.
  • Assisting one of the most famous trademark licensing companies in the world regarding protection of its trademark-related rights in Romania.
  • Assisting one of the top international media and advertising groups with various commercial matters, including reviewing and negotiating commercial agreements, data protection and protection of copyright.
  • Assisting a Romanian artistic representation company with various IP matters, including copyright protection and drafting and negotiating complex agreements for various Romanian artists in the music, cinema and theatre industry.
  • Assisting a Romanian beverage producer with various IP-related issues, including the European registration of their trademarks.
  • Assisting one of the most important automotive companies in the world  with competition aspects of their business.
  • Assisting one of the most prominent canned product companies in the Romanian market with various commercial and IP-related issues, including managing its significant trademark portfolio and representing its interests in the registration of the second European Protected Geographical Indication in Romania.
  • Advising the most important private railway freight transport operator in Romania in relation to its acquisitions, worth multi-millions, of various companies in the industry, including filing for and obtaining clearance from the Competition Council.
  • Assisting a famous Romanian producer in relation to the protection of intellectual property rights over the first European Protected Geographical Indication in Romania.
  • Assisting one of the important international companies on the pre-paid products and solutions/operations market in relation to various commercial issues and its day-to-day business.
  • Advising one of the most important Romanian software developers on various corporate, commercial and competition issues related to the acquisition of 70% of its share capital by an international investment fund.
  • Advising one of the top companies on the energy-related products market on several corporate, commercial, IP and litigation matters.
  • Advising a famous media holding on several corporate, commercial and intellectual property issues.
  • Advising one of the most important companies on the Romanian entertainment market in relation to corporate and commercial matters and on various litigation.
  • Advising an international telecoms company in relation to the competition aspects of the acquisition of another company in the industry.
  • Advising one of the biggest companies on the global glass products market on competition matters, including a seminar on the concept of dominant position and its potential abuse.
  • Advising one of the most important companies on the steel market in relation to various insolvency litigation.
  • Advising the Romanian public heating company in relation to its restructuring process, including the writing-off of its debts of more than EUR 1 billion.

Latest deals

GapMinder - FintechOS (M&A) (TMT)
Mergers & Acquisitions

Advising GapMinder, the first venture fund created as a result of the selection process started by the European Investment Fund Gapminder, in connection with its investment of EUR 600k in FintechOS. The latter is a company specialized in digital transformation of financial institutions and the investment will finance the expansion of operations globally and to accelerate the development of AI technologies. SAA’s team, which included Managing Partner Silviu Stratulat, Managing Associate Cristina Man and Head of IP Ana Kusak, provided assistance from due diligence on the company to the closing of the documents and implementation of the investment.

World Class Romania (PC)
Privacy & Cyber Security

Advising World Class Romania, a large fitness chain operator in Bucharest, regulatory and other legal support in relation to the implementation of access within the health clubs by using specific technology. SAA also provided legal support regarding the complex data protection matters brought about by the entering into force of the new General Data Protection Legislation. 

Edward Neuk Company (PC)
Privacy & Cyber Security

Advising Edward Neuk Company S.R.L. on various issues on technology law, data protection and intellectual property matters related to the social platform Kuende, including advice related to privacy by design, open source software, ICO (Initial Coin Offering) Financing and patent protection issues. 

First Property - Maestro (IP)
Intellectual Property

Advising First Property Group PLC, an award winning property fund manager and investor with operations in the UK, Poland and Romania, in conjunction with a club of investors, on the acquisition of MAESTRO BUSINESS CENTER Office Building located in Cluj-Romania.

Edward Neuk Company (IP)
Intellectual Property

Advising Edward Neuk Company S.R.L. on various issues on technology law, data protection and intellectual property issues related to the Kuende social platform, including advice on patent protection issues. Our patent-related legal advice is based on the Open-Source Technology "React Native", created by React Native technology, patent infringement by Facebook Inc. and terms of use of React Native technology in accordance with the licensing terms of this patent.

World Class Romania (IP)
Intellectual Property

Advising World Class Romania SA in front of the Bucharest Court of Appeal in connection with the cancellation of the registration of the national trademark "WORLD CLASS". Our extensive legal advice included the use of copyrighted music within the World Class clubs, as well as the costs and procedures involved with such use with the competent collective copyright body - UCMR - ADA.

La Fantana S.R.L (IP)
Intellectual Property

Advising La Fantana S.R.L. on the civil and criminal risks associated with breaches of trademark, design and patent law. Our team also provides consultancy on earlier international and European patents, European trademarks and European designs. Our advice on this matter involves obtaining consent, reviewing commercial agreements and identifying legal solutions in order to avoid breach of protected patents.

Paxdorf Design (IP)

Advising Paxdorf Design in the negotiation proceedings for the conclusion of a co-existence agreement with Juweler Wagner GmbH, regarding our client's trademark "WAGNER Beautiful Arts and Stories" no. M 2017 07295. Juweler Wagner GmbH is the owner of several European trademarks registered for similar products.

Loja Fructelor (IP)
Intellectual Property

Advising Loja Fructelor in relation to the registration and subsequent assignment of the European Trademark "SLOOP" and several national trademarks. Our team of experts negotiated and drafted the agreements and assisted the parties to the execution of such.

Luxury Advisor Group (IP)
Intellectual Property

Advising Luxury Advisor Group in various trademark related matters, namely, advice, assistance and representation before the State Office for Inventions and Trademarks (OSIM) in the opposition proceedings, as well as a provisional refusal procedure concerning the national combined trade mark application.

Global Records (IP)
Intellectual Property

Advising Global Records in connection with the trademark and copyright matters including negotiation proceedings.

UPC Romania (IP)
Intellectual Property

Advising UPC Romania in relation to its multichannel video programming distributor on issues related to complex copyright and neighboring rights in the implementation of new media technologies and related services, such as Video on Demand, Network Video Recording (nPVR).

Euroins Romania (IP)
Competition, Intellectual Property

Advising Euroins Romania Asigurare - Reasigurare S.A. before the State Office for Inventions and Trademarks (OSIM) in the opposition proceedings against the registration of the verbal Romanian trademark "Rezolva-ti dauna Euroins Bez dureri de cap!" No. M 2017 01063. We have also have assisted and represented our client before the State Office for Inventions and Trademarks (OSIM) in the renewal and registration proceedings for other national combined trademarks.

Agentia de Vise (IP)
Intellectual Property

Advising Agentia de Vise S.R.L., one of the best-known agencies for artists in Romania, in various IP matters, including copyright protection, drafting and negotiating complex agreements for various Romanian artists in the Romanian music, cinema and theater industry.

Rogalski Damaschin Public Relations (IP)
Intellectual Property

Advising Rogalski Damaschin Public Relations, one of the most prominent PR companies in Romania, on various IP and commercial issues, including copyright violations, specific advice in the advertising field and all media sectors, trademark registrations and trademark assignments.

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