1. GENERAL INFORMATION
Romanian designs law currently stipulates that the rights in industrial designs are to be recognized and protected by the grant of a title of protection by the State Office for Patents and Trademarks.
The title of protection is the certificate of registration of the industrial design which shall confer on its owner an exclusive right of exploitation on the territory of Romania.
The right to be granted a certificate of registration shall belong to the author of the industrial design or to his successor in title.
Where the owner is not the same person as the author, an assignment document is necessary to be filed.
Where the author is an employee and there is no contractual provision more favorable to him the right to the grant of the certificate of registration of the industrial design shall belong to the employer in the case of industrial designs made by the employee either under a contract of employment that provides for the performance of creative activities, where the said activities correspond to his actual duties, or while carrying out a research activity expressly entrusted to him.
The new appearance of a product having a utilitarian function may be registered as an industrial design.
2. FILING REQUIREMENTS
- Applicant's and author's name and address;
- A brief description of the new characteristical elements of aesthetical appearance (max.100 words);
- Request the publication white-black or color;
- Request to postpone the publication (optionally);
- Priority certificate (if any); (the document may be filed within 3 months from the filing date);
- Power of Attorney;
- Assignment (if the applicant isn't the same with the author); Only the number and date of this document may be specified;
- Indication of the article or articles in which the industrial design is intended to be incorporated;
- 10 graphical reproductions (60 x 60 or 180 x 300 mm): photo white-black or color; another graphical reproduction on the tracing paper or white cardboard or another support provided that the drawings have necessary contrast to be reproduced by electrostatic methods.
The industrial design will be represented in at least one perspective without other accessories.
The technical drawings presenting the article in section or in plane or symmetrical axis and explicit texts or legend are not admitted.
The content of this article is intended to provide general information on the subject matter. For specific circumstances, please contact us for full advice.
