1. Information about Romania
Location: in the East of Europe
Area: 237,500 sq.km
Population: 22,760,449 (estimated in 1992)
Capital: BUCHAREST with over 2,064,474 inhabitants
Currency: leu (plural: lei)
Exchange rate 1 US$ = about 4150 lei (January 1997)
Political situation: Parliamentary Republic
The President of the Republic And Two Chambers
(Chamber of Deputies and Senate) are elected
every 4 years.). A new democratic Constitution
was promulgated in 1991.
Economic situation: The Romanian economy is an economy of transition
from a centralized one toward a free-market
economy. In 1996 more than 50% of Gross National
Product was produced by the private sector.
2. Statistics (Industrial Property) - 1995
Filed Issued Patent 2450 1690 Trademark - national 4582 3100 - territorial extension for Romania (Madrid Agreement) 5700 Industrial Design 1546 528
LEGAL BASIS
- Law No. 64/1991 on Patents of Invention. In force since January 21,1992.
- Regulations under the Romanian Patent Law No.64. In force since April 30,1992.
- Law No. 28 on trade marks (factory, commercial and service marks) issued on December 28, 1967 and published in the Official Bulletin No. 114/1967.
- A decision of the Council of Ministers No. 77/22 January 1968, in connection with the application of the Law No. 28 was published in the Official Bulletin No. 8/1968.
- Law No. 129 for the protection of Industrial Designs. In force from January 8, 1993.
- Law No. 16 for Topography Protection Law. In force from June 9, 1995.
- Law No.8 of March 26,1996 on copyright and related rights
MEMBERSHIP OF INTERNATIONAL CONVENTIONS
- Paris Convention, Stockholm text 1967.
- Patent Cooperation Treaty (PCT), Washington 1970.
- Madrid Agreement for the international registration of trade marks, Stockholm text 1967, modified October 2, 1979.
- Treaty for registration of trade marks, Vienna 1973 (not yet in force).
- Convention on Establishing the World Intellectual Property Organization (WIPO) of July 14, 1967
- The Hague Agreement for the International Deposit of Industrial Designs, November 6, 1925, Stockholm Act and Protocol of Geneva (since April 21, 1992).
- Bern Convention for the Protection of Literary and Artistic Works (1880) revised several times, the last time in Paris 1971.
PATENTS OF INVENTION
Applicant: the inventor or his legal successor (individuals, firms and company).Nationals, foreigners and nationals not living in the country must appoint a domestic professional authorized representative residing in Romania.
Naming of inventor(s): compulsory.
Notion of invention: the subject matter of the invention must be novel, resulting from an inventive activity and be susceptible to an industrial use.
Kinds of protection: 1. patent of invention. 2. patent of improvement(patents of addition).
Categories: a patent can cover a product, a machine or device, a process or a method. Invention having as object a new variety of plant, hybrid or a new variety of animal are patentable providing they are new, distinct, homogeny and stable.
Novelty: not disclosed in the prior art taking into consideration all knowledge prior to the filing or priority date. A grace period of 12 months is allowed if such a divulgation is made by the inventor or by his legal successors.
Priorities: the priority right must be claimed within two months from the application filing date at the latest.
One or more partial priorities may be claimed. More priorities "in cascade" are not accepted to be claimed.
GRANTING, PROTECTION
Granting or rejection: decisions are taken by an Examination Commission within a term of 18 months from the filing of the request for examination. They are published within 30 days; description, claims and drawings of the patented invention are published within 3 months at the latest.
Appeal: the patent Office Decision may be appealed within a 3 month term from the communication thereof.
Opposition: any third party is entitled by a written and well-grounded request to ask for a partial or total cancellation of the Granting Decision within 6 months from the publication thereof.
Appeals or cancellation requests will be examined within a term of 3 months from filing by a Reexamination Commission within the State Office for Patents and Trademarks and can be further appealed to the Bucharest Municipality Court within 3 months.
Duration: 20 years from the national regular deposit date; for patents of improvement the duration is the same as the basic patent but no less than 10 years. Patents issued after January 22, 1992, have a validity of 20 years.
Annuities: have to be paid. Grace period with fine: 6 months.
Marking: optional.
MODIFICATION OF PROTECTION AFTER GRANTING
Right of prior use: is recognized.
Assignment: is possible without the goodwill.
Licenses: exclusive or non-exclusive licenses are possible.
Infringement: making,using, putting into circulation without having the right or any other infringement of the exclusive rights of the granted patent constitutes counterfeiting and is sanctioned according to Penal Code. Compulsory licenses and assignments are possible. A compulsory license is granted only if the invention has not been sufficiently exploited and the applicant cannot justify his inactivity.
TRADE MARKS
Applicant (who may be): nationals or foreigners; individuals, firms or companies engaged in industrial property or commercial activity or services. Foreigners and nationals not living in the country: must appoint an authorized representative residing in Romania. Kinds of protection: attributive character. Service marks: are registrable.
Novelty: examination is made as to novelty.
Not registrable: signs which do not differ sufficiently from the other marks representing similar or identical products, words or services. Association (collective) marks: registrable.
Priorities: possible. Any claim for priority should be included in the application. Exhibition priority can also be applied for.
Classification: the international classification of goods.
Territory covered: Romania.
Minimum requirements for new filing: information on applicant, mark, proof of legal existence, list of goods. In case of device marks at least one label.
REGISTRATION, PROTECTION
Delivery of document: if no difficulties arise during the examination the certificate of registration will be issued in about 18 months after filing.
Duration : trade marks are registered on the basis of the decision of the Commission for Marks, the trade mark being valid 10 years beginning from the date of filing with the right to be renewed each time, for the same period.
Compulsory character of registration : not compulsory.
User rights: only license is provided for.
Obligation to use: no provision.
Marking of registered goods: optional. Renewal: possible. Latest term for renewal: 6 months after expiry with 50% extra charge for official fees.
Changes in the list of goods: only limitations are permitted.
Licenses: have to be recorded at the State Office for Patents and Trademarks.
Assignment: has to be recorded by the register based on:
- Assignment-agreement signed by the both parties (the assignor and the assignee) certified by notary and power of attorney form;
- Change of name and/or address - has to be recorded based on official document of change and power of attorney.
Infringement: litigations arising from the infringement of a trade mark are dealt with by the Court. The party which is dissatisfied with the judgement passed by the courts may appeal to the Courts of the Municipality of Bucharest.
INDUSTRIAL DESIGNS
Applicant: the creator of the design or his legal successor. Where the author is an employee, the employer can benefit of protection conferred through this law in the case of a contract of employment that provides for the employee the performance of creative activities or a research activity is expressly entrusted to him. Applicant not living in the country must appoint a representative residing in Romania.
Object of design protection: the new appearance of a product having a utilitarian function may be registered as an industrial design.
The protection secured through this law shall not exclude the benefit of protection conferred through copyright.
Novelty: an industrial design shall be regarded as new if it was not made available to the public at home or abroad, in respect of the same category of products, prior to the date of the regular deposit of the application or the recognized priority date.
Series applications: up to 100 designs may be combined in one application provided they fall within the same class of goods.
Priorities: priority term of six months (as well as the exhibition priority).
GRANTING AND PROTECTION
The decision to accept or to reject an application shall be taken by a Board within 6 months of the publication of the application. The application shall be published in the Official Bulletin of the Patent Office within 6 months of the date on which the regular deposit was made.
Registration of Industrial designs shall be made in the National Register of Industrial Designs and published in the Official Bulletin.
Beginning of protection: the protection begins on the day on which a regular deposit was effected.
Duration: 5 years, twice renewable for successive periods of 5 years . Renewal can be applied for during the year preceding the due date or until 6 months afterwards of an additional tax.
Marking: optional ("D").
Transfer of rights - may be effected by assignment or by licenses. Transfers shall be binding on third parties as from the date on which they are registered at the Patent Office.
INFRINGEMENT
An injunction and compensation for damages may be obtained through civil suits. If a complaint is lodged imprisonment not exceeding 3 years may be imposed through criminal proceedings.
Sanctions of the infringement: fines, damages confiscation of the infringing products.
TOPOGRAPHY OF INTEGRATED CIRCUITS
CONDITIONS OF PROTECTION
Definition of a topography: three-dimensional disposition of the elements of an integrated circuit, at least one of which is an active element and of all interconnections or of a part of the integrated circuit interconnections or such a three-dimensional disposition prepared for the manufacture of the integrated circuit.
According to the law the original topographies are protected. These are the original topographies that result of their own creators' intellectual effort and that are not commonplace for the creators of topographies and for manufacturers of integrated circuit at the time of their creation.
Applicant: physical or legal persons who have created the topography. Foreigners: have the same rights as nationals based on reciprocity. Must appoint a local authorized representative.
PROTECTION
Duration of protection: 10 years counted from the filing date or 10 years counted from the first commercial use if this date is anterior to the filing date and the application is filed within two years from this day.
However, any registration relating to a topography which is not commercially exploited anywhere in the world within a period of 15 years from the date of its first encoding or creation shall cease to be effective.
Marking: optional ("T").
Licenses: possible and registrable at the Patent Office.
Assignment: possible, completely or in part. Should be registered at the Patent Office.
Infringement: a person whose exclusive right to the registered topography has been infringed may demand cessation of infringement and removal of its consequences; also surrender of the obtained profits or a compensation for damages may be required.
COMPUTER SOFTWARE
GENERAL REMARKS
Computer Software can be protected in Romania under specific circumstances by the Copyright Law and by the Patent Law.
In accordance with the Copyright Law the protection is granted for a computer program considered as an intellectual creation.
Filing: no filing is required in Romania, but giving a specific date to the creation is advisable.
Right to protection: belongs to the author of the computer software.
Employee's software: if computer software is created by one or more employees in execution of their functions, or under the instructions of an employer, all rights belong to the employer in the absence of a contrary agreement.
Originality: in Romania, an intellectual creation should be "original" to enjoy the benefit of protection under the law. This originality requirement is also applied to computer software.
Foreigners benefit from the protection stipulated by the International Conventions and Agreements in which Romania takes part.
Without these treaties, the protection for the foreigners is the same as for nationals, on the condition that the nationals should benefit - on their turn - of the national treatment applied in the respective states.
Duration: the entire life of the author and after his death they are handed down, as per the above legislation, for a period of 50 years without payment of any renewal fee.
Assignment: the assignment of the right to use computer software should not imply also the transfer of the copyright. By this agreement for using computer software, the user receives the nonexclusive right to use the software and therefore he cannot yield said right to another person.
Infringement: any copy (except for one safeguard copy) or any use of computer software constitutes an infringement, if not expressly authorized by the author.
Although the Patent Law excludes the protection of computer programs per se, patent protection is in some cases possible, if the computer program has a technical character.
There is also the possibility that inventions which fulfill the conditions for patentability to be patentable even if containing computer software, too.
The content of this article is intended to provide general information on the subject matter. For specific circumstances, please contact us for full advice.
