According to the amendments of the above mentioned Law, there were amended the fines for the offenses committed by individuals, which are between 5,000 lei and 10,000 lei, by individual being understood “any current or former employee / representative of a company or any other person who commits unfair competition practices and offenses stipulated in art. 4 para. (3). “
It was also introduced a new article which provides that “Notwithstanding the provisions of art. 32 paragraph (1) of the Government Ordinance no. 2/2001, approved with amendments by Law no. 180/2002, as further amended and supplemented, against the reports of finding and sanctioning the contraventions stipulated in this Law, may be filed a complaint with the Bucharest District 1 Court, within 15 days of communication. ”
There were also modified the provisions regarding the notification of the Court, by introducing a new article which provides that: “Any person who has a legitimate interest may address the competent courts for termination and prohibition of unfair competition practices, to cover economic and moral damages incurred as a result of unfair competition practices, without having to going through any formalities before the Competition Council. Actions resulted from an unfair competition practice are under the competence of the local court where the deed was made or under whose jurisdiction the headquarters of the defendant are; in the absence of a permanent headquarter the competent tribunal is the one at the defendant domicile. In order to prevent an imminent damage, the competent courts may, in emergency procedure, if found, to a first evaluation, the existence of unfair trade practices, rule for their termination or their prohibition until the solving of the case.
If the court ordered the cessation or prohibition of unfair competition practices and the court decision ordering the measure has became final, national competition authority shall, upon request of the person who made the request for summons, post on their own Internet page a press release, which must include the headquarters and other identification data of the enterprise, committed unfair competition practice and the measures ordered by the court. On the expense of guilty person, the court may order the publication of the court decision, totally or partially, in a newspaper of wide circulation. At the request of the legitimate holder of a trade secret, the court may order measures to prohibit the exploitation of industrial and / or commercial products derived from illicit trade secret misappropriation or destruction of these products. The ban ceases when the information becomes public protected. “
Law no. 117/2015 entered into force on 25.05.2015.