Protecţia firmei şi emblemei în codul comercial Carol al II-lea
The protection of the emblem and the commercial code Charles II

Summary/Abstract: The „Carl the Second” Commercial Code is relevant today since it represents a synthesis of the jurisprudence and juridical thought of the inter-war years but also because it is the last codification of commercial legislation before the instauration of Communist rule in Romania. Thus even if this code (only repealed by the Civil Code in 2011) was never applied in practice it is still extremely useful today as it synthesizes both the practice and law in commercial matters (our interest lying mainly with trade-names) and the inherent contradictions in Romanian society at the time. The code revises, completes and brings together institutions having existed for 54 years, ever since the Law relating to the registration of trade-names of 1884, and thus represents a well-documented and comprehensive regulation of the subject matter at hand thereby providing us with a complete and useful body of law representing the vision of the legislator in commercial matters after 61 years of independence and 20 years of practice in a country at the peak of its historic power. The article deals with the regulation of the Commercial Registry, of trade-names and emblems and ends with an overview of the protection of trade-names and emblems by means of unfair competition provisions included in the code.

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