Patents Trademarks | Industrial Designs | Intellectual Property in Romania

Romania

  • Patents of invention
  • Trade and Service Marks
  • Industrial Designs
  • Domain Names

LEGAL BASIS

  • Law No. 64/1991 on Patents of Invention, in force since October 21, 1991, last amended on June 26, 2014.
  • Regulations under the Patent Law No. 64, in force since May 22, 2003.
  • Law No. 611 of November 13, 2002 concerning Romania's adhesion to the European Patent Convention.
  • EEC Regulations No. 469/2009, 1901/2006 and EC Regulations No. 1610/1996.
  • Law on Employees' Inventions No. 83/2014, in force since June 29, 2014.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act.
  • Patent Cooperation Treaty (PCT).
  • European Patent Convention, since March 1, 2003.

FILING REQUIREMENTS

  • Power of Attorney (bilingual, simply signed);
  • Description, claims, drawings, abstract (may be filed in an international language, Romanian translation to be filed within two months from the filing date);
  • Assignment from the inventor(s) to the applicant if the applicant is not the same as the inventor(s), to be filed until a decision is taken (notarized bilingual document);
  • If priority is claimed, priority document(s) must be filed within sixteen months from the earliest priority date (but not for entering the Romanian phase of a PCT application).

REMARKS

National Phase of PCT: under Chapter I: 30 months; under Chapter II: 30 months.
Validity: issued after a formal preliminary and full examination – valid for 20 years from the filing date.
Annuities: accumulated and due with the granting decision; subsequent annuities are payable after the anniversary of the filing date.
Opposition: is entitled by a written and well-grounded request to ask for a partial or total cancellation of the granting decision within six months from the publication thereof.

LEGAL BASIS

  • Law No. 84/1998 on Trademarks and Geographical Indications, in force since July 23, 1998, last amended on May 27, 2010.
  • Regulations for implementing Law No. 84/1998, in force since November 27, 1998, last amended on December 3, 2010.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act.
  • Madrid Agreement, Stockholm Act.
  • Madrid Protocol, since July 28, 1998.

FILING REQUIREMENTS

  • An order letter mentioning the name and address of the applicant, the denomination of the mark(s), the type of mark(s), the residence of the applicant;
  • Power of Attorney under private signature of the owner (not notarized);
  • List of goods or services according to the International Classification;
  • A print of the trademark (max. size 8 x 8 cm);
  • Priority certificate, if any.

REMARKS

Kinds of protection: trade and service marks words, drawings, composition of colors, plastic forms, phonetic signals, or composition of these elements.
Classification: International.
Obligation to use the registered mark: compulsory. Non-use during any five-year period after the registration may lead to cancellation.
Duration - renewals: 10 years from the filing date, renewable for further periods of 10 years.
Opposition: possible within two months from the publication of the application.

LEGAL BASIS

  • Law No. 129/1992 for the Protection of Industrial Designs, last amended on June 4, 2014.

MEMBERSHIP IN INTERNATIONAL CONVENTIONS

  • Paris Convention, Stockholm Act.
  • Hague Agreement, Stockholm Act, and Geneva Act, since December 23, 2003.

FILING REQUIREMENTS

  • An application comprising the personal particulars of the applicant and of the author and the indication of the article or articles in which the industrial design is intended to be incorporated;
  • A short description of the drawings (max 100 words);
  • 10 graphic representations (one on tracing cloth and 9 copies) size 6 x 6 cm or a multiple of this size, max 18 x 24 cm;
  • If priority is claimed, the legal document and the necessary fee;
  • Power of Attorney, no legalization;
  • Assignment, in the case that the applicant in Romania is not the same as the author, notarized.

REMARKS

Duration - renewals: after formal and substantive examination: 10 years. Extension: three additional 5-year periods.
Opposition: within two months from its publication anyone may contest the registration of an industrial design at the Patent Office.

LEGAL BASIS

  • There is no specific legislation although some regulations on the organization and management of country code top-level domain names do exist.

FILING

  • ccTLD: .ro
  • Applicant: individuals and legal entities.
  • Local presence: not required.

REMARKS

Duration – renewals: unlimited
Uniform dispute resolution procedure: available (ICANN UDRP model) before WIPO Arbitration and Mediation Center.

General Information

Area: 237,500 sq. km.
Population: 22,242,000 (2016). 
Capital: Bucharest, with 2,106,144 inhabitants (2016).
Language: Romanian.
Currency: leu (plural: lei).

General Remarks

Political situation: Parliamentary Republic; a President of the Republic and two Chambers (Chamber of Deputies and Senate) are elected every four years. Romania is a member of the European Union and NATO.

More

If you wish more detailed information concerning intellectual property protection in this territory please contact us or order Katzarov's Manual on Industrial Property®.

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