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Software Counterfeiting

With the transition of State Inspectorate responsibilities into various relevant Ministries, customs officers have had difficulties searching for and checking counterfeit software, even stating that in the current legal framework they did not have the full legal basis to perform mentioned searches and process offenders.

The AmCham Intellectual Property Rights Committee raised the issue with the Customs Directorate of the Ministry of Finance, suggesting concrete legal amendments that would provide a clear legal basis for customs officers to check computers for software licenses. A positive reply was received stating that Customs officers actually had the necessary legal basis and even an obligation under existing legislation, and would more proactively check counterfeit and software licenses. A memo was sent to all customs offices encouraging proactivity and clarifying the existing legal basis.